Informal discovery between treating physicians and defense counsel in Missouri

In recent years, Missouri courts have grappled with the issues of informal contacts between treating physicians and defense counsel in medical malpractice and personal injury lawsuits. Recently, in Brandt v. Pelican and Brandt v. Medical Defense Associates the Missouri Supreme Court ruled that discussions between the treating physician and counsel for the defense which take place outside the methods of formal discovery, are not prohibited. This article will examine the court's decisions in the Brandt cases and will discuss the practical effects of the decisions upon Missouri physicians.