Breaking NewsLaw.com and associated brands will be offline for scheduled maintenance Saturday May 8 3 AM US EST to 12 PM EST. We apologize for the inconvenience.

 
X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Ellen C. Brotman of BrotmanLaw. Ellen C. Brotman of Brotman Law.

At least once or twice a day, after I press the “send” button, I get a panicky feeling that I’ve made a mistake and there is no going back. Did I send to the right people? Did I attach the right document? Or even worse—did I waive an important privilege? BouSamra v. Excela Health, —A3d No. 5 WAP 2018 (Pa., June 18, 2019), a recent opinion from the Pennsylvania Supreme Court,  may hold the answer to this last question.

The case began when Dr. George BouSamra, a cardiologist, filed suit against his former employer Excela for defamation and interference with prospective and actual contractual relations. Excela owned the hospital where BouSamra worked. When Excela performed a peer-review study of BouSamra’s practice they found that over 100 patients had possibly received medically unnecessary procedures. In response to these findings, Excela hired both outside counsel and a public relations firm to help manage the potential negative publicity. During the course of the representation, Excela’s outside counsel emailed legal advice to Excela’s general counsel. Excela’s general counsel then forwarded that email to the public relations firm and other employees at Excela. A few days after the email was sent, Excela held a press conference and disclosed the results of the peer review studies. Litigation followed and the email from outside counsel to in-house counsel to the public relations consultant was sought by BouSamra. Excela claimed that the email was protected by the attorney work-product doctrine and the attorney client privilege.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Law Firms Mentioned

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

General Counsel Summit (GCS) 2021Event

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.

Get More Information
 

Women Influence & Power in Law (WIPL) 2021Event

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.