Do I have the right to see the report by a consulting expert in our medical malpractice suit and know who he or she is?

Asked over 1 year ago - Seminole, FL

I was told I did not have the right to know, this case hang on the report.

Attorney answers (5)

  1. Clifford M. Miller

    Pro

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . No. It is protected as attorney work-product. Even its existence is protected. If the expert becomes a testifying expert you have a right to exchange expert reports.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  2. David Bradley Dohner

    Contributor Level 13

    2

    Lawyers agree

    Answered . While I believe many who responded made the reasonable assumption that you are referring to the defense's consulting expert, and the responses which they provided are therefore correct, I have the sense that in this instance you are particularly upset because your own counsel is unwilling, for reasons which I could not possibly imagine (unless there is no consulting expert, in truth [but let me add that such a scenario would be incredibly unusual and I do not mean to suggest that this is the case by any means - I am essentially scratching my head out loud, if you will]). In any event, Mr. Thygerson's well-analyzed and comprehensive answer seems to cover all of tyythe potential bases very well, and if,in fact,

    We are pleased to offer a free thirty (30) minute initial telephone consultation (simply dial {305} 972-5720), or,... more
  3. John Paul Thygerson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Your question is not exactly clear. If a report is prepared by an expert who is being consulted and/or retained on your behalf, then I cannot imagine how you would not have the right to review such report. This answer changes, however, if the report is a result of a consultation performed on behalf of your civil opponent. As the client, you should have free and unfettered access to all documents prepared and/or submitted on behalf of your claim.

  4. Richard W. Wood

    Pro

    Contributor Level 3

    2

    Lawyers agree

    Answered . The answer to this question will likely vary from state to state. In Texas you would probably have the right to the report only if a testifying expert was relying on the consulting expert for some basis of the testifying expert's opinion.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Who ordered the report?

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,790 answers this week

2,996 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,790 answers this week

2,996 attorneys answering