Dameron v. Mercy Hospital & Medical Center

Summary

The court held that Dr. Preston was retained to provide testimony rather than treatment, so he was not a treating physician whose records became discoverable when the plaintiff filed a medical malpractice action. Because his report had not been disclosed and defendants had ample notice before trial, the plaintiff could redesignate him from a controlled expert witness to a nontestifying consultant. The consultant protection extended to both opinions and factual test results, and defendants failed to show exceptional circumstances warranting disclosure; the appellate judgment was affirmed, the circuit court order was vacated, and the cause was remanded.