(Court opinion corrected 12/9/16.) In medical malpractice case against podiatrist, defense counsel for podiatrist and LLC clinic is not prohibited from conducting ex parte communications with Plaintiff's treating podiatrist, who is also a member, and in the control group, of defendant LLC clinic. Petrillo doctrtine does not preclude ex parte communications with the persons who serve as the corporate heads and who are decisions makers of the accused medical or podiatry corporation. Appellate court imposed condition upon communication: defense counsel is prohibited from having any ex parte communication with Plaintiff's treating podiatrist until Plaintiff had the opportunity to depose him on issue of nature and extent of Plaintiff's injury. (REYES, concurring; LAMPKIN, dissenting.)
Illinois Appellate Court
Civil Court
Medical Malpractice