Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P. v. Malay

In the underlying negligence action arising from an automobile accident, the trial court ordered the law firm to “provide a list of all payments made to Dr. Theofilos [the plaintiffs treating physician] over the last 3 years (all client or patient information shall be redacted).” The discovery encompasses all payments made in connection with the present or past litigation. The doctor in this case is expected to provide expert opinions at trial. The law firm petitions for a writ of certiorari to quash the discovery order.

A law firm’s financial relationship with a doctor is discoverable on the…