Mertis, B. v. Dong-Joon, M.D. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT BOBBI ANN MERTIS v. DONG-JOON OH, M.D., NORTH AMERICAN PARTNERS IN ANESTHESIA (PENNSYLVANIA), LLC, WILKES-BARRE HOSPITAL COMPANY, LLC D/B/A WILKES-BARRE GENERAL HOSPITAL AND COMMONWEALTH HEALTH PETITION OF: DONG-JOON OH, M.D. : No. 546 MAL 2022 : : : Petition for Allowance of Appeal : from the Order of the Superior Court : : : : : : : : : : ORDER PER CURIAM AND NOW, this 22nd day of March, 2023, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner is: (1) Whether, in an issue of first impression and significant public importance, Pa.R.C.P. 4003.6(1) expressly permits defense counsel in a medical malpractice case to speak with plaintiff’s treating physicians outside the discovery process in circumstances where: (i) Pa.R.C.P. 4003.6(1) expressly allows defense counsel to communicate directly with treating physicians who are firm clients; and (ii) both treating physicians are clients of the law firm in question[.] The American Medical Association and the Pennsylvania Medical Society’s Application for Leave to File Amicus Curiae Brief is also GRANTED.

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