SMITH v. ORTHOPEDICS INTERN., LTD., P.S.

No. 61226-3-I.

203 P.3d 1066 (2009)

Jerry D. SMITH, as Personal Representative of the Estate of Brenda L. Smith, Deceased, and on Behalf of Jerry D. Smith, Richona Hill, Jeremiah Hill, and the Estate of Brenda L. Smith, Appellant, v. ORTHOPEDICS INTERNATIONAL, LIMITED, P.S.; Paul Schwaegler, M.D.; and Swedish Health Services d/b/a Swedish Medical Center/Providence Campus, Respondents.

Court of Appeals of Washington, Division 1.

March 23, 2009.


Attorney(s) appearing for the Case

Thomas Richard Golden, Christopher Lee Otorowski, Bainbridge Island, WA, for Appellant.

John Coleman Graffe Jr., Johnson Graffe Keay Moniz, Mary H. Spillane, William Kastner & Gibbs, Seattle, WA, for Respondents.


GROSSE, J.

¶ 1 Prohibited ex parte contact as described in Loudon v. Mhyre1 does not apply to transmittal of public documents to an attorney representing a nonparty treating physician. The underlying public policy enunciated in Loudon was to protect the patient's privacy from release of any extraneous medical information not germane to the issue at trial. Here, there was no such risk as no information was sought in return...

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