Mt. Diablo Hospital Medical Center v. Superior Court

Opinion

WHITE, P. J.

This petition by the defendant hospital in a medical malpractice action challenges an order requiring disclosure of records at least some of which appear to be protected by Evidence Code section 1157. The trial court ruled that the protection provided by that section had been eroded by the decision in

Elam

v.

College Park Hospital

(1982) 132 Cal.App.3d 332 [183 Cal.Rptr. 156]. Between the time of the trial court’s ruling and the petition to this court, the Court of Appeal for the Second District, Division Two, decided

West Covina Hospital

v.

Superior Court

(1984) 153 Cal.App.3d 134 [200 Cal.Rptr. 162], hearing denied June 28, 1984, directly contrary to the trial court’s views. We issue a writ of mandate to compel the trial court to vacate its ruling and to reconsider the motion in light of

West Covina Hospital.

Real parties’ lawsuit seeks to hold the hospital liable for alleged malpractice by a doctor given staff privileges by the hospital.

Elam

v.

College Park

[346]

Hospital, supra,

authorizes a cause of action against a hospital where, its “failure to insure the competence of its medical staff through careful selection and review creates an unreasonable risk of harm to its patients.” (132 Cal.App.3d 332, 341.)

In the prosecution of the lawsuit, real parties sent interrogatories to the hospital asking for information about the action taken on the doctor’s application for staff privileges, the action taken to revoke his staff privileges, and any investigation or evaluation of his qualifications during his tenure on the hospital staff. Other questions were directed to the existence of a hospital committee to review qualifications and standards of practice and some sought the identity of the committee members.