Mertis, B. v. Dong-Joon, M.D.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

BOBBI ANN MERTIS : No. 546 MAL 2022 : :

v. : Petition for Allowance of Appeal : from the Order of the Superior Court :

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. :

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.