Mertis, B. v. Oh Appeal of: Oh, M.D.

Summary

Justice Donohue, in a concurring opinion, affirmed the Superior Court’s decision, holding that Pennsylvania Rule of Civil Procedure 4003.6 is violated by a law firm’s concurrent representation of a patient’s two treating physicians because the conflict of interest and imputation principles of the Pennsylvania Rules of Professional Conduct prohibit such use of the patient’s medical information without consent. The opinion also notes that screening procedures cannot cure the conflict.