We love it when courts agree with us. (And don’t say, “Because it happens so rarely.”)
We posted in February that HIPAA does not preempt state laws that allow defense counsel to speak informally (and without plaintiff’s counsel present) with treating physicians.
In August, we praised a Kentucky federal trial court for holding that defense
In our cases, we like to talk to the prescribing doctors whenever we can. Given the learned intermediary rule , the prescriber is almost always the most important witness in the case. While we almost always have questions relating to the plaintiff’s treatment, usually what we’re even more interested in is what the prescriber thinks
Prescribing doctors – in our business you have to love them. Almost all of the cases we handle are governed by the learned intermediary rule, meaning that there’s no duty to warn a patient directly, and all warnings about prescription medical products are directed to the prescribers. When the prescribing doctor says “I knew all