Evidence

July 23rd, 2019 by Rieders Travis in Evidence

EVIDENCE-PRIVILEGE-ATTORNEY WORK PRODUCT Bousama vs. Excela Health Corp., [J-80-2018]- Opinion by Judge Mundy – Decided June 18, 2019.  In this appeal by allowance, we consider whether Excela Health waived the attorney work product doctrine or the attorney-client privilege by forwarding an e-mail from outside counsel to its public relations and crisis management consultant, Jarrard, Phillips, Cate & Hancock.  We conclude that the attorney work product doctrine is not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner which significantly increases the likelihood that an adversary or anticipated adversary will obtain it.  Accordingly, we remand this matter to the trial court for fact finding and application of the newly articulated work product waiver analysis.  Further, we affirm the Superior Court’s finding that Excela waived the attorney-client privilege.  Bousamra and Morcos are interventional cardiologists, who use intravascular catheter-based techniques to treat, among other things, coronary artery disease.  Interventional cardiologists utilize catheterization and angiography to measure blood flow through patients’ coronary arteries and evaluate the presence of blockages.    If a blockage is severe enough, interventional cardiologists implant a stent – a device which…