AGG Files Amicus Brief on Critical Issue Affecting Defense of Healthcare Providers in Medical Malpractice Litigation

AGG Partner Jason E. Bring and Associate Erin R. Kendall filed an amicus curiae brief on behalf of the Georgia Hospital Association regarding a recent trial court’s order requiring defense counsel to turn over transcripts of witness interviews taken pursuant to a previously granted qualified protective order drafted in accordance with Baker v. WellStar. The trial court ordered the transcripts to be disclosed to plaintiff’s counsel without any review or redaction to protect defense counsel’s work product, and without any determination that the interviews improperly strayed beyond the case at hand. The brief asks the Georgia Supreme Court to protect the work product doctrine and to provide guidance to litigants regarding the interplay between the doctrine and HIPAA.