Melynchenko v. Clay

Defendants Clay, Moore, and *195Ardati appeal by leave granted from an order denying their motion for reconsideration of an opinion and order dated December 6, 1983. The order barred defendants from introducing the expert testimony of Larry E. Fleischman, M.D., plaintiff’s treating physician subsequent to defendants’ alleged malpractice.

This appeal arises from a malpractice action filed on June 10, 1981. During discovery, plaintiff learned that defense counsel had consulted Fleischman for his expert opinon on plaintiff’s medical records compiled prior to Fleischman’s treatment of plaintiff.…