Heller v. Norcal Mutual Insurance

Opinion

LUCAS, C. J.

—In this case we consider whether unauthorized ex parte discussions that occur during the discovery phase of a medical malpractice action between a nonparty treating physician and the defendant physician’s malpractice insurer, regarding the litigant patient’s medical condition, violate either the Confidentiality of Medical Information Act (Civ. Code, § 56 et seq.; all statutory references are to this code unless otherwise indicated), or the constitutional right to privacy (Cal. Const., art. I, § 1).

We granted review to consider whether plaintiff’s seventh and eighth causes…