Acken v. Northup

FULMER, Judge.

Herbert W. Acken, M.D., P.A. (“Dr. Acken”) petitions for a writ of certiorari challenging the trial court’s discovery order. The underlying suit is an action for medical malpractice filed by Mr. Northup alleging that Dr. Acken’s failure to diagnose a cancerous tumor was causally related to Mrs. Northup’s death. Mr. Northup served a witness and exhibit list in November 2000. Among the witnesses disclosed was Mr. Northup’s expert, Dr. Michael Dillon. In November 2001, Mr. Northup served a Request for Production requesting copies of any and all depositions of Dr. Dillon that were…