A defense attorney’s letter to the employer of a medical malpractice plaintiffs expert was written to alert the employer that one of its experts professed an opinion that could reflect a change in medical standards of care, the defense attorney’s counsel argued in a hearing last week.

But plaintiff’s counsel said that such an action casts “great doubt on the sanctity of the litigation system” and should be sanctioned by the defense attorney being disqualified from representing her client in any retrial of the case; by having to disgorge any fees she was paid for writing the letter; and by paying $45,000 in the plaintiff’s costs in litigating the sanctions motion.

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