In Lindon v. Kakavand, No. 13-026 (E.D. Ky. Aug. 15, 2014), a plaintiff sued a physician for malpractice and sought discovery from the medical center where the allegedly negligent procedure had been performed. The requested discovery included a report prepared by an outside consultant hired to investigate the procedure. The medical center contended that the report was prepared in anticipation of litigation and thus protected as work product. The plaintiff argued that investigating the procedure was a business requirement of the medical center and thus not in anticipation of litigation. It pointed to a number of state hospital licensure rules, administrative regulations, and accreditation standards. The court found that none of the cited authorities contained any specific provision obligating the medical center to conduct the review. The court also noted that the medical center’s letter retaining the consultant expressly referenced anticipated litigation. Under these circumstances, the court found the report to be protected as work product.