Pennsylvania Modifies Work-Product Rule

In a recent decision, the Pennsylvania Superior Court clarified the application of the attorney work-product doctrine in the context of an e-mail exchange to a third-party consultant. The decision addresses the question of whether the work-product doctrine in Pennsylvania applies to otherwise confidential communications sent to a public relations company.

In Bousamra v. Excela Health, a hospital retained an outside consultant to manage the results of peer reviewed studies regarding arterial blockages and inappropriately implanted stents.  The hospital was concerned with publicly disclosing the …

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