DUQUETTE v. SUPERIOR COURT

No. 1 CA-SA 88-192.

161 Ariz. 269 (1989)

778 P.2d 634

Russell C. DUQUETTE and Karen Loften Duquette, husband and wife; and Scottsdale Memorial Health Systems, Inc., d/b/a Scottsdale Memorial Hospital, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable William T. Moroney and Honorable Stanley Z. Goodfarb, judges thereof, Respondent Judges, Eric LAMBERTY, et al., Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

August 3, 1989.


Attorney(s) appearing for the Case

Fennemore Craig, P.C. by R.C. Mitten, Timothy Berg, Phillip Fargotstein and Christopher P. Staring, Phoenix, for petitioners.

Hill & Midgley by James W. Hill, Phoenix, for real parties in interest.

Langerman Law Offices by Amy G. Langerman, Phoenix, for amicus curiae Arizona Trial Lawyers Ass'n.

Harris & Palumbo, P.C. by Kevin W. Keenan, Phoenix, for amicus curiae.


OPINION

CONTRERAS, Judge.

In this special action, we consider the issue of whether defense counsel in a medical malpractice action may engage in ex parte communications, with the plaintiff's treating physicians without having obtained plaintiff's consent. We conclude that defense counsel may not engage in such non-consensual ex parte communications but are limited to the formal discovery methods provided by the Arizona Rules of Civil Procedure...

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