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Duquette v. Superior Court

778 P.2d 634 (1989)

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Duquette v. Superior Court

Arizona Court of Appeals

778 P.2d 634 (1989)

Facts

The Lambertys (plaintiffs) filed a medical-malpractice suit against Dr. Duquette and Scottsdale Memorial Hospital (defendants). The complaint alleged that Dr. Duquette had negligently treated the Lambertys’ son, Eric, for a spinal dermoid tumor. During the discovery process, the defense counsel conducted ex parte interviews with about 13 physicians who had treated Eric. The physicians were contacted without the consent of the Lambertys or their counsel. In response, the Lambertys filed a motion to bar any testimony from the physicians and to disqualify defense counsel. The trial court barred any physician that the defense counsel interviewed from testifying as an expert witness for the defense unless the physician was introduced as an expert witness by the plaintiff’s counsel first; defense counsel was not disqualified. The defense counsel sought a special review by the court of appeals of the trial court’s sanction on the testimony.

Rule of Law

Issue

Holding and Reasoning (Contreras, J.)

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