LYTAL, REITER, SMITH, IVEY & FRONRATH, L.L.P., PETITIONER,
v.
JANET MALAY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAURICE BAKER, RESPONDENT
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A law firm's financial records showing payments to a treating physician who will testify as an expert are discoverable to establish potential bias, and the trial court's discovery order requiring redacted payment information was proper.
A law firm must disclose its financial relationship with a treating physician who will serve as an expert witness, as such information is discoverable to assess witness bias.
[1] A law firm's financial records documenting payments to a treating physician who will testify as an expert witness are discoverable to permit assessment of potential bias,…
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Join FLexlaw to unlock all legal intelligence“Limiting discovery of this information would affect the truth-seeking function of a jury, for the failure to present any ultimately admissible information would diminish the jury's right to assess the potential bias of the witness.”
Court explaining why financial relationships between law firms and expert witnesses are discoverable to allow juries to evaluate bias.
In a negligence action arising from an automobile accident, the trial court ordered a law firm to produce a list of all payments made to the plaintiff…
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In the underlying negligence action arising from an automobile accident, the trial court ordered the law firm to “provide a list of all payments made to Dr. Theofilos [the plaintiffs treating physician] over the last 3 years (all client or patient information shall be redacted).” The discovery encompasses all payments made in connection with the present or past litigation. The doctor in this case is expected to provide expert opinions at trial. The law firm petitions for a writ of certiorari to quash the discovery order.
A law firm’s financial relationship with a doctor is discoverable on the issue of bias. See Morgan, Colling & Gilbert, P.A. v. Pope, 798 So.2d 1, 2 (Fla. 2d DCA 2001) (“Limiting discovery of this information would affect the truth-seeking function of a jury, for the failure to present any ultimately admissible information would diminish the jury’s right to assess the potential bias of the witnesss.”). At his deposition, the doctor denied having any records and provided “nebulous testimony” in connection with the number of his patients who were represented by the law firm. Under these circumstances, the law firm is an appropriate source of this information. Steinger, Iscoe & Greene, P.A. v. GEICO Gen. Ins. Co., 103 So.3d 200, 206 (Fla. 4th DCA 2012). The trial court did not depart from the essential requirements of law.
Petition Denied.
TAYLOR and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017)…financial relationship between the treating doctor -and the plaintiffs attorneys in present and past cases-creates the potential for bias and discovery of such a relationship is permissible.”); Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P. v. Malay, 133 So. 3d 1178 (Fla. 4th DCA 2014) (“A law firm’s financial relationship with a doctor is discoverable on the issue of bias.”); Steinger, 103 So. 3d at 205 (“[T]he defendant is entitled to discover information regarding the extent of the relationship between the l…1 / 2
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Brown v. Mittelman, 152 So. 3d 602 (Fla. 4th DCA 2014)…e 1.280(b)(5) does not apply to the requested discovery, and because “[a] law firm’s financial relationship with a doctor is discoverable on the [*604] issue of bias,” we deny the petition. See Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P. v. Malay, 133 So. 3d 1178, 1178 (Fla. 4th DCA 2014). The underlying litigation is a negligence action arising from an automobile accident. The- plaintiffs attorney, Cindy Goldstein, referred the plaintiff to Dr. Brown, who treated the plaintiff under a letter of protection…
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Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015)…financial relationship between the treating doctor and the plaintiffs attorneys in present and past cases creates the potential for bias and discovery of such a relationship is permissible.”); Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P. v. Malay, 133 So. 3d 1178, 1178 (Fla. 4th DCA 2014) (“A law firm’s financial relationship with a doctor is discoverable on the issue of bias.” (citing Pope, 798 So. 2d at 2)); Steinger, Iscoe & Greene, P.A. v. GEICO Gen. Ins. Co., 103 So. 3d 200, 204 (Fla. 4th DCA 2012) (“Th…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morgan, Colling & Gilbert, P.A. v. James E. Pope, M.D., Heartcare Inst. of Tampa, P.A., 798 So. 2d 1 (Fla. 2d DCA 2001)
- Enoch E. Dinkens, Jr. v. State, 103 So. 3d 200 (Fla. 1st DCA 2012)
- Steinger, Iscoe & Greene, P.A. v. GEICO Gen. Ins. Co., 103 So. 3d 200 (Fla. 4th DCA 2012)