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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?

Seminole, FL |

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

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Filed under: Medical malpractice
Attorney answers 5

Posted

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.

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Posted

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.

Posted

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.

Posted

Who ordered the report?

Posted

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,

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David Bradley Dohner

David Bradley Dohner

Posted

I apologize. Attempting to provide an answer on a phone's keypad never works out well for me. That last garbled line was intended to conclude with my suggestion that you contact your counsel and simply tell him or her that you only want a logical and candid answer with regard to the question of why a consultant which he or she utilized, if that is the case, would request anonymity, and then, even more odd, why he or she would attempt to provide it. A few more thoughts occurred to me which explain some or all of what is going on here. What phase of the process are you

David Bradley Dohner

David Bradley Dohner

Posted

engaged in? Litigation; presuit with the prospective Defendant; the investigatory phase in which counsel may have decided he of she could not accept your case after conferring with several familiar experts? Please provide a bit more information, and it may provide the missing pieces of the puzzle.

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