In a medical malpractice case, is it privileged disclosure to a third party?
Alberta, Canada
The following excerpt is from Mathieson v. Abarent Construction Ltd., 2010 ABQB 783 (CanLII):
In Pinder v. Sproule, 2003 ABQB 33, 333 A.R. 132, Slatter J. (as he then was) held that two medico-legal reports commissioned by counsel for the plaintiff did not cease to be privileged because they were provided to a doctor who was treating the plaintiff. The case is distinguishable because it dealt with disclosure to a third party. The pleadings filed by the plaintiff in Pinder did not state the litigation was based on the findings or opinions stated in the medico-legal reports.
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