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STEINBERG v. JENSEN

No. 92-2475.

194 Wis.2d 439 (1995)

534 N.W.2d 361

Marion STEINBERG and Ralph Steinberg, Plaintiffs-Appellants-Cross Respondents, MILLER BREWING COMPANY, Involuntary-Plaintiff-Co-Appellant-Cross Respondent, v. Dr. Thomas R. JENSEN, Wisconsin Health Care Liability Insurance Plan, Physicians Insurance Company of Wisconsin and Wisconsin Patients Compensation Fund, Defendants-Respondents-Cross Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided June 30, 1995.

Attorney(s) appearing for the Case

For the defendants-respondents-cross appellants-petitioners there were briefs by James G. Doyle, Paul J. Kelly and Schellinger & Doyle, S.C., Brookfield and oral argument by Paul J. Kelly.

For the plaintiffs-appellants-cross respondents there were briefs by J. Ric Gass, Mark M. Leitner, Marilyn M. Carroll, Joseph S. Goode and Kravit, Gass & Weber, S.C., Milwaukee; Denis McNamara, Elkhorn; Mary L. Woehrer and Woehrer Law Offices, Wauwatosa and oral argument by J. Ric Gass.

Amicus curiae brief was filed by David M. Skoglind, counsel, Milwaukee, for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Stephen E. Meili, counsel, Madison, for the Center for Public Representation, Inc.

Amicus curiae brief was filed by Mark L. Adams, counsel, and Timothy A. Hartin, counsel, all of Madison, for The State Medical Society of Wisconsin and The Wisconsin Hospital Association.

STEINMETZ, J.

This case presents three issues for review. First, to what extent, if any, may defense counsel in either a medical malpractice or personal injury action communicate ex parte with the plaintiffs treating physicians? Subject to various restrictions set forth below, we hold that defense counsel may communicate ex parte with a plaintiffs treating physicians so long as the communication does not involve the disclosure of any confidential information. Second...

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