Pennsylvania Judicial Center in Harrisburg
HARRISBURG – A Pennsylvania judge will need to find out if a fired doctor felt his father was acting as his dad or his lawyer when helping him pursue a wrongful termination lawsuit.
Prof. Norman Braslow’s license in three states had lapsed and he indicated in a 2019 meeting between son Matthew and Guthrie/Robert Packer Hospital that he was there to support Matthew as his father.
Still, Matthew Braslow invoked the attorney-client privilege when the hospital submitted discovery requests regarding communications between the father and son. This led the hospital to seek sanctions against Matthew, because he had stated Norman was licensed to practice in California, Hawaii and Washington when Norman had actually stopped paying the yearly dues on those licenses.
A Bradford County judge granted that motion, but the Superior Court ruled last week Matthew is owed a hearing to find out whether he genuinely believed his dad was his lawyer.
“In making this determination, we note that Dr. Braslow is allowed the protection of the attorney-client relationship if he mistakenly, but reasonably, believed that his father was a licensed and active attorney,” Judge Jill Beck wrote.
Matthew became a resident in family medicine at Guthrie/Robert Packer in 2017 but two years later, program director Dr. Donald Phykitt had become frustrated with an alleged lack of professionalism and inability to progress as a resident.
In December 2019, it presented its formal notice of intent not to renew his residency agreement. Norman came along to a meeting to back his son and “elicited several admissions from Dr. Phykitt about the termination.”
Matthew sued two years later for breach of contract, wrongful termination and other claims. He invoked the attorney-client privilege in response to information requests, and Norman was deposed in April 2024.
It was then that it was discovered his law license in all three states had been suspended for the past 12 years for nonpayment of fees. The punishment ordered by the trial judge included Matthew paying the hospital’s fees associated with a motion and discovery.
Against arguments to the contrary, the Superior Court found Prof. Braslow was not a member of the bar of a court. However, the real issue is whether his son knew it.
“The only evidence of record about Dr. Braslow’s knowledge in this regard is Professor Braslow’s deposition testimony that he did not think Dr. Braslow knew his licenses had lapsed,” Beck wrote.
“There is no evidence or testimony from Dr. Braslow whether he was aware of Professor Braslow’s license status.”
