Medical Staff Privileges

Patient cannot discover peer review proceedings - State ex rel. Faith Hosp. v. Enright,706 S.W.2d 852 (Mo. 1986)

Guide to State ex rel. Faith Hosp. v. Enright, 706 S.W.2d 852 (Mo. 1986)

This is an original action in prohibition. Relator, Faith Hospital, seeks to prohibit Judge Richard Enright of the Circuit Court of St. Louis County from allowing plaintiffs to discover peer review committee documents, credentials committee documents and incident reports relating to the physician defendants in an underlying medical malpractice action. We issued our preliminary rule in prohibition for the limited purpose of determining the applicability of the exemption from discovery granted peer review committees, 537.035.4, RSMo Supp. 1985, to plaintiffs' discovery requests. We hold that the proceedings, findings, deliberations, reports and minutes of the relator's peer review committees concerning the health care provided plaintiffs or any other patient are not subject to discovery by plaintiffs. With regard to such peer review documents and information, the preliminary rule is made absolute. As to documents and information regarding the deliberations and findings of relator's credentials committee which do not concern the health care provided any patient, and as to the incident reports sought by plaintiffs, the preliminary rule is quashed.