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Ex Parte Communication with a Physician
As we discussed in the first part of this article, the advantages to the defense of ex parte communications with treating physicians, nurses and other health care providers are many. However, plaintiffs, the medical witnesses themselves and the law may seek to prevent such interviews.
Initiating Ex Parte Contact
In most states, a physician's duty to his patient is limited to acting in the patient's best medical interests, not necessarily to further her legal interests or aid her legal strategy. Opinion 9.07 of the American Medical Association's Code of Medical Ethics governs Medical Testimony. While the AMA's Code points out that treating physicians have an obligation to assist in the administration of justice, it also provides that “[w]hen a legal claim pertains to a patient the physician has treated, the physician must hold the patient's medical interests paramount, including the confidentiality of the patient's health information, unless the physician is authorized or legally compelled to disclose the information.”
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