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ARCHAMBAULT v. ROLLER

Record No. 962267.

491 S.E.2d 729 (1997)

William H. ARCHAMBAULT, Esquire v. Colleen M. ROLLER

Supreme Court of Virginia.

September 12, 1997.

Attorney(s) appearing for the Case

Brian K. Brake (Michael P. Curreri; Bryan A. Fratkin; Wright, Robinson, Osthimer & Tatum, on briefs), for appellant.

Wallace B. Wason, Jr. (Lewis T. Stoneburner; Cantor, Arkema & Edmonds, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, HASSELL, KEENAN, and KOONTZ, JJ., and POFF, Senior Justice.

STEPHENSON, Justice.

Generally, Code § 8.01-399 prohibits a lawyer from obtaining information from a physician in connection with pending or threatened litigation without the consent of the physician's patient except through discovery. The dispositive issue in this appeal is whether a lawyer violated this statutory prohibition.

Colleen M. Roller filed a medical malpractice action against Dr. John A. Jane, contending that Dr. Jane exceeded the authorized...

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