Doctors Can’t Waive Work-Product Protection by Forwarding Attorney Emails to Outside PR Firm

The Pennsylvania Supreme Court was recently asked to consider whether Excela Health waived attorney work product or the attorney-client privilege by forwarding emails from outside counsel to its public relations and crisis management consultant.

In Bousamra v. Excela Health, 2019 Pa. LEXIS 3277 (June 18, 2019), the Pennsylvania Supreme Court held that the superior court erred in finding that the healthcare corporation waived work-product protection and that remand was necessary to conduct a fact-intensive analysis to determine if the disclosure significantly increased the likelihood that an adversary or potential adversary would obtain it.

Read the analysis in Attorney at Law magazine.