Personal Injury Law

Missouri Injury Law - Court cannot force Plaintiff to consent to Ex Parte meetings or contact by defense lawyer with Plaintiff's treating physician in informal discovery

By Benjamin J. Sansone, Esq.

Recently, a Missouri personal injury defendant sought an order by the trial court compelling the Plaintiff to sign an authorization allowing the defendant's counsel to meet with Plaintiff's treating doctor without the plaintiff or any of their representatives present, as the doctor refused to do so without an authorization. The case went to the Western District Court of Appeals on a writ of prohibition, the Court ruled yesterday that a personal injury plaintiff cannot be compelled to sign an authorization consenting to an ex parte communication with their treating physician.

The court found "nothing in the discovery rules which gives the circuit court the authority to compel a
party to sign a medical authorization form when informal discovery is involved. Of course, a
party may consent to signing a medical authorization form during informal discovery, but the
circuit court cannot force a party to do so."

The full opinion is available here: Ex rel. Collins v Roldan

Full post as published by Missouri Injury Law Blog on June 10, 2009 (boomark / email).