IN THE SUPREME COURT OF PENNSYLVANIA 
MIDDLE DISTRICT 
 

BOBBI ANN MERTIS 

No. 546 MAL 2022 

 

v. 

etition for Allowance of Appeal 

from the Order of the Superior Court 

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ORDER 

ONG-JOON OH, M.D., NORTH 

AMERICAN PARTNERS IN ANESTHESIA 
(PENNSYLVANIA), LLC, WILKES-BARRE 
HOSPITAL COMPANY, LLC D/B/A 
WILKES-BARRE GENERAL HOSPITAL 
AND COMMONWEALTH HEALTH 

ETITION OF:  DONG-JOON OH, M.D. 

ER CURIAM 

AND NOW, this 22nd day of March, 2023, the Petition for Allowance of Appeal is 

GRANTED.  The issue, as stated by petitioner is: 

(1) Whether,  in  an  issue  of  first  impression  and  significant  public 
importance, Pa.R.C.P. 4003.6(1) expressly permits defense counsel in 
a medical malpractice case to speak with plaintiff’s treating physicians 
outside  the  discovery  process  in  circumstances  where:  (i)  Pa.R.C.P. 
4003.6(1)  expressly  allows  defense  counsel  to  communicate  directly 
with  treating  physicians  who  are  firm  clients;  and  (ii)  both  treating 
physicians are clients of the law firm in question[.] 

The  American  Medical  Association  and  the  Pennsylvania  Medical  Society’s 

Application for Leave to File Amicus Curiae Brief is also GRANTED. 

 

 

   

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