CURRAN
Defendants moved to compel Charlap to retract his prior request to decedent’s non-party healthcare providers that he be present during defense counsel’s private interviews, in this medical malpractice action. Charlap asserted claims for negligence and wrongful death. Defendants requested HIPAA-compliant Arons v. Jutkowitz authorizations allowing their lawyers to speak with decedent’s non-party healthcare providers. They argued they had a right to privately interview decedent’s treating physicians, and Charlap’s letter interfered with such right. The court noted the Arons court did not hold there was a constitutional or other legally enforceable right to privately interview non-party treating physicians. This court stated it respectfully disagreed with language of decisions which suggested that Arons created a “right” to private interviews with non-party witnesses, including treating physicians. The court concluded Charlap’s letter did not cross boundaries set by the Rules, noting the letter did not advise the witness to do anything improper, nor express a preference the witness not meet with the adversary. Rather, the letter merely requested Charlap be present during an interview, which the witness may decline. Thus, the court denied the motions.
