In this lawsuit, Rhonda and Charlie Brewer filed a medical malpractice suit against Dr. Curt Freudenberger and Sportsmed Orthopedic Surgery & Spine Center. They alleged that Rhonda suffered injuries during a surgical procedure performed by Dr. Freudenberger.
The defendants petitioned the Alabama Supreme Court for a writ of mandamus, objecting to a protective order the trial court imposed that placed conditions on ex parte interviews by defense counsel with Rhonda's treating physicians.
The Alabama Supreme Court ruled in favor of the defendants, highlighting that Alabama law does not prohibit ex parte interviews and issued the writ, removing the conditions on defendant’s ex parte interviews with Rhonda's treating physicians.
Writ of Mandamus is not Proper Relief for Discovery Issue
Discovery Requests Regarding Remedial Measures From Prior Incidents Denied as Outside the Scope of the Alabama Medical Liability Act
Plaintiff was Permitted Discovery Regarding "Other Incidents" Involving Plaintiff and Investigation of Claims
Medical Chart Was Not Required to Be Attached to Affidavit
Trial Court Directed to Narrow the Scope of Permitted Discovery