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Supreme Court Says: Whether Lawyer Referred Client to Doctor for Treatment Cannot Be Discovered in Litigation

On April 13, in a 4-3 decision, the Florida Supreme Court ruled that the attorney client privilege protects a party, from being required to disclose that their attorney referred them to a physician for treatment.  The case involved a woman named Heather Worley who fell in the parking lot of a Central Florida YMCA (“Y”) facility.  Ms. Worley went to the emergency room at Florida Hospital East and was instructed to see a specialist.  She didn’t go to a specialist for a month or two thereafter because, she said, she couldn’t afford it. Ms. Worley then retained the law firm of Morgan & Morgan and received medical treatment from Sea Spine Orthopedic Institute, Underwood Surgery Center, and Sanctuary Surgical & Anesthesia under what are called letters of protection (“LOPs”). A LOP is an agreement by an attorney and client to pay the physician for treatment to the client from the [...]

By |April 20th, 2017|Categories: Business Success Blog|0 Comments