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Jordan Grabel, M.D., et al. v. Adolfo Roura, Case Nos. 4D15-194 & 4D15-199 (4thDCA)

In Roura, the Fourth District reviewed by certiorari certain discovery orders permitting financial discovery relating to one of the defendant’s medical expert witnesses. The trial court had found that the deposition responses of the defense medical expert were inconsistent with the interrogatory responses provided by defense counsel. The inconsistences concerned the percentage of income the doctor derives from working as an expert witness and the number of times he has testified for plaintiffs and defendants in personal injury litigation. The trial court found these inconsistencies to constitute “the most unusual or compelling circumstances” that allowed production of the expert’s “financial and business records.” The Fourth District disagreed, finding the disputed discovery to exceed that permitted by Rule 1.280(b)(5)(A)(iii)4, “which limits discovery to an approximation of the expert’s involvement as an expert witness.” The Fourth District found that the expert and defense counsel provided all information required on the issue of bias, and that the requested financial discovery exceeded that allowed by the rule.

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