Supreme Court of Texas
In re Christus Spohn Hospital Kleberg, 04-0914
In a medical malpractice mandamus proceeding in which defendant-hospital sought to recover privileged documents that were mistakenly provided to its designated testifying expert witness, hospital's petition for writ of mandamus is denied without prejudice where: 1) the inadvertent nature of the production at issue preserved the privilege under Texas Rule of Civil Procedure 193.3(d) and entitled the hospital to recover the documents upon realizing its mistake, provided the hospital-s designated expert does not testify at trial; but 2) as the hospital intended to rely upon the expert to whom the documents were disclosed, the documents may not be "snapped back" under Texas Rule of Civil Procedure 193.3(d).
Appellate Information
- Argued 11/30/2005
- Decided 04/27/2007
- Published 04/27/2007
Judges
- Justice O'NEILL delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- F. Edward Barker, Stephen Jeffrey Chapman, Barker Leon Fancher & Matthys, L.L.P., and Deborah R. Sundermann, Corpus Christi, for Relator., Geary Todd Taylor, John Michael Johanson and Chris M. Volf, Johanson & Fairless, LLP, Sugar Land, for Real Party In Interest.