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Barrier vs. Beaman, 361 Or. 223 (2017).

Nadia Dahab represented the Oregon Trial Lawyers Association appearing as amicus curiae in the Oregon Supreme Court in an original mandamus proceeding. The issue before the Court was whether the plaintiff, who—without objection by counsel—answered questions in a discovery deposition about the treatment of his physical condition by health care providers, waived his physical-patient privilege under Oregon Evidence Code 511, so as to allow pretrial discovery depositions of those providers. Amicus successfully argued that, by answering questions about his treatment in a discovery deposition, the plaintiff had not “offered” testimony so as to waive the physician-patient privilege. The Oregon Supreme Court’s opinion can be found here.