Stempler v. Speidell

The opinion of the Court was delivered by

STEIN, J.

The issue in this medical malpractice and wrongful death action is whether the defendant’s counsel, as an aid to discovery, has the right to attempt to interview decedent’s physicians ex parte with respect to matters relating to the litigation.

I

The facts material to our resolution of this question are not disputed. In June, 1983, Larry Stempler, individually and as general administrator and administrator ad prosequendum of the Estate of Barbara Anne Stempler, deceased, brought this action against Dr. E. Allan Speidell and a number of…