Did they prevail?

The trial court’s ruling was one for the ages.  They said that Worley did not have to answer the referral questions, but allowed the interrogatories.  Morgan & Morgan said complying with the request would cost $94,010 and require over 200 hours of attorney review time, but the trial court denied the firm’s objection.  That led to an appeal to the Fifth DCA, which, in conflict with an earlier ruling by the Second DCA, upheld the trial court and also said Worley could testify about whether Morgan & Morgan referred her to the treating physicians.  Justice Peggy Quince, writing for the majority, said the court had to determine more than whether a referral by an attorney and documents relating to a referral relationship between an attorney and medical providers are protected by the attorney-client privilege.  Underlying that question is “whether the financial relationship between a plaintiff’s law firm and the plaintiff’s treating physician is discoverable,” she said.  A solid attorney child custody in Tampa, FL may be able to answer this question.  District courts have been answering that question in the affirmative, Quince noted, citing Allstate Ins. v. Boecher, 733 So. 2d 993 (Fla. 1999).  But Quince said that case involved an insurance company that was a party in the suit and an expert witness it planned to use at trial.  Morgan & Morgan, she added, is not a party to the underlying suit.  Furthermore, Boecher dealt with the discovery of experts who had been hired for the purposes of litigation, Quince noted.  Treating physicians, however, do not acquire their expert knowledge for the purpose of litigation, but rather simply in the course of attempting to make their patients well.  She added that the doctors can be subjected to a claim of bias by introducing the letters of protections, which were used by all of Worley’s doctors, and also showing that all of a practice’s patients are treated using letters of protection, as was the case with one of Worley’s providers.  Sometimes, being a good child custody lawyer in the state of Florida will lead you to problems, such as the one discussed.