Chase v. People's Drug Store

MEMORANDUM OPINION

May a defendant’s counsel, as an aid to discovery, conduct an ex parte interview with plaintiff’s treating physician with respect to matters relating to the litigation when the patient-plaintiff has not consented to such interview? For the reasons herein stated, this Court responds in the affirmative.

I

Plaintiff alleges that she incurred eye damage as a result of an improperly filled prescription for “eye” drops with “ear” drops by the defendant.

Counsel for defendant orally informed the plaintiff’s counsel that he intended to conduct an ex parte interview with plaintiff’s…