December 14, 2017

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New Missouri Supreme Court case addressing scope of medical authorizations

"The scope of medical authorizations has long been fertile ground for discovery disputes. But it need not be so. In State ex rel. Stecher v. Dowd, 912 S.W.2d 462, 464 (Mo. banc 1995), and State ex rel. Jones v. Syler, 936 S.W.2d 805, 807 (Mo. banc 1997), this Court established the reasonable boundaries and process for such discovery – “medical authorizations must be tailored to the pleadings, and this can only be achieved on a case-by-case basis.” In this case, as in all cases, medical authorizations require a tailored “case-by-case” analysis by the parties and, if necessary, the circuit court, in accordance with Stecher and Syler. This was not done. As such, the preliminary writ of prohibition is made permanent."

Download State ex rel. Fennewald v. Joyce

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About this Author

Laura A. Bentele, Litigation Attorney, Armstrong Teasdale, Law firm
Associate

Laura Bentele is an associate attorney in the Litigation group practicing in the areas of complex commercial litigation and white collar criminal defense. To achieve optimal outcomes, Laura anticipates clients’ strategic and practical business considerations. Committed to effective case management, she is versed in all phases of discovery, trial preparation and negotiation of settlements with opposing counsel. Laura strives to maintain open avenues of communication to ensure that clients receive representation that meets their business needs.

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