Section 2.17 Ex Parte Communications

• Library: Discovery 2015

The Supreme Court of Missouri addressed the issue of ex parte contacts with treating physicians in Brandt v. Pelican, 856 S.W.2d 658 (Mo. banc 1993) (Brandt I). The Court also examined a doctor’s potential liability for engaging in ex parte contacts in Brandt v. Medical Defense Associates, 856 S.W.2d 667 (Mo. banc 1993) (Brandt II).

In Brandt I the Court held that a defendant’s ex parte contact with a plaintiff’s treating physician does not entitle the plaintiff to a new trial or other remedial measure in the underlying action. The Court based its decision on its observations that § 491.060(5), now RSMo 2000, which makes a treating physician incompetent to testify regarding information acquired from the patient for treatment purposes, applies only to the testimonial privilege and that common law does not recognize the physician-patient privilege. See Brandt II at 671...