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Firm Dinged for Representing Both Anesthesiologist, Case Witness

Aug. 3, 2022, 3:50 PM

A Pennsylvania law firm violated a state procedural rule by representing both an anesthesiologist defendant and the plaintiff’s treating physician in a medical malpractice case, a state appeals court said.

Pennsylvania Rule of Civil Procedure 4003.6 prohibits attorneys from communicating with a non-party physician without obtaining the patient’s consent or using formal discovery procedures, such as written interrogatories, requests for document production, or depositions, the Pennsylvania Superior Court said.

To allow a law firm to represent a treating physician who is a witness in a medical malpractice case at the same time it’s representing the defendant doctor is the same ...