Dameron v. Mercy Hospital and Medical Center

In medical malpractice action, court held Plaintiff in contempt for refusing to comply with a discovery order which required her to disclose to the Defendants the report of a nontestifying medical expert. Where a previously disclosed testifying expert witness has been timely withdrawn prior to disclosing his or her report in discovery, the expert may be redesignated a Rule 201(b)(3) consultant and entitled to the consultant's privilege against disclosure, absent exceptional circumstances. (ROCHFORD and HOFFMAN, concurring.)