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Ex-Parte Interviews
In last month's newsletter, we began a discussion of the appellate decisions in two cases concerned with the propriety of ex-parte physician interviews in the context of medical malpractice litigations. State of Missouri ex rel. Proctor v. Messina, 320 S.W.3d 145 (Mo. 2010) and Holman v. Rasak, 785 N.W.2d 98 (Mich. 2010). We reported the trial decisions in both of the subject cases last year in this publication. “Dissecting the Latest Pronouncements on Ex-Parte Physician Interviews,” Moncus, J., Medical Malpractice Law & Strategy, April 2010. Having analyzed the Missouri court's opinion in last month's issue, we now turn to Michigan's high court's reasoning in Holman.
No Federal Pre-Emption, So Ex Parte Interviews Are Not Prohibited
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