Washington State Supreme Court hears arguments over hospital defense contacts with treating physicians

Summary

At argument in Michael Snyder v. Virginia Mason Medical Center, counsel disputed whether hospital defense teams may ex parte contact or assert privilege over treating physicians; petitioner said secret contacts violated the Smith rule, while the hospital argued a flexible approach and common-interest protections.

The Washington State Supreme Court heard oral argument Thursday in Michael Snyder v. Virginia Mason Medical Center over whether hospital defense counsel may have privileged, ex parte communications with physicians who treated a plaintiff.

Catherine Smith, counsel for the petitioner, told the court that existing case law (Youngs, Loudoun, Newman, Hermanson and Smith) establishes limits on corporate defense contacts with nonparty physicians and protects the physician–patient fiduciary relationship. "We found out about this because of a very clear Smith violation," Smith said, arguing the hospital engaged in secret conversations and then misrepresented to the plaintiff and trial court that Loudoun barred contact with certain physicians.

Rhiannon Fraunefeld, representing Virginia Mason, said the court has applied a flexible Loudoun interpretation that permits defense investigation when needed and noted that independent…

Washington State Supreme Court hears arguments over hospital defense contacts with treating physicians

Summary

Subscribe to keep reading