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.