For Your Data Ager V. Jane C. Stormont Infirmary In Addition To Preparation Schoolhouse For Nurses Illustration Brief

Ager v. Jane C. Stormont Hospital in addition to Training School for Nurses instance brief summary
622 F.2d 496 (1980)

CASE SYNOPSIS

Appellant attorney challenged the judgment of the USA District Court For the District of Kansas, which inwards the class of an underlying medical malpractice arrange entered a contempt fellowship against the attorney inwards her capacity every bit plaintiff's attorney. The attorney, citing Fed. R. Civ. P. 26(b)(4), refused to comply amongst an fellowship compelling uncovering regarding non-witness experts.

CASE FACTS
A medical malpractice trial was filed against a Dr. in addition to a infirmary on behalf of a adult woman severely injured during her birth. The Dr. filed interrogatories requesting the identity of all persons she contacted amongst regard to the doctor's attention in addition to treatment. An appointed magistrate ordered compliance amongst the interrogatories in addition to rejected the woman's put that compliance was non required under Fed. R. Civ. P. 26(b)(4) as applied to non-witness experts.

DISCUSSION

• On review, the district courtroom affirmed the magistrate's order. 
• The attorney filed a formal reply to the fellowship in addition to refused to comply. 
• The district courtroom entered a civil contempt fellowship against the attorney, which she appealed. 
• On appeal, the courtroom vacated the fellowship in addition to remanded the thing to the district court. It held that the district courtroom was obligated to determine: 
• (1) whether whatever non-witness practiced was consulted inwards anticipation of litigation, inwards which instance no uncovering was permitted or 
• (2) whether whatever non-witness practiced was retained or especially employed, inwards which instance it was required to compass upward one's heed if in that place were extraordinary circumstances justifying the disclosure of the identity in addition to opinions of the non-witness expert.

CONCLUSION
The courtroom vacated the civil contempt fellowship against the attorney in addition to remanded for a decision regarding the condition of the non-witness experts against whom uncovering was sought. The courtroom ordered that a two-step procedure last taken regarding the consultation and/or retentiveness or special occupation of the experts in addition to regarding whether especial circumstances existed to justify disclosure of the experts' identities or opinions.

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