Cardenas v. Jerath

I. Introduction

In this C.A.R. 21 original proceeding, we address two discovery issues arising in a medical malpractice lawsuit filed on behalf of Isabelle Perez, who was born at St. Anthony Hospital North with severe neurological injuries. First, we consider whether the work product doctrine shields from discovery investigation notes created by St. Anthony's attorney after Isabelle's birth. In this case, St. Anthony did not conduct a routine factual investigation of its own and the attorney's notes represent the only investigative report that exists of what happened before, during, and after…