Recently, the Third District Court of Appeal came out with a decision that may help sway the Supreme Court when it finally ultimately decides Worley. As you all know, Worley allows for some letter of protection (“LOP”) discovery and cross-examination on the basis of bias, but doesn’t go far enough to mandate financial bias discovery between a Plaintiff’s law firm and expert/treating physician.
The majority opinion and concurring as well go into detail discussing the policy reasons for allowing bias discovery on financial payments between the Plaintiff’s lawyer and expert for a three year period of time. This information is going to devastate certain law firms and experts.
We will keep you posted.