St. Francis Memorial Hospital v. Superior Court

Opinion

MERRILL, J.

St. Francis Memorial Hospital (St. Francis) seeks the protection of Evidence Code section 1157 for minutes, correspondence and other documents of its medical staff committees and subcommittees. Section 1157 protects the proceedings of hospital medical staff committees, but the trial court has applied an exception which requires disclosure to “any person requesting hospital staff privileges.” We conclude that the exception was misapplied. Dr. Deatherage, plaintiff in the proceedings below, is not requesting hospital staff privileges; she is complaining that her existing practice of electroconvulsive treatment (ECT hereinafter) was temporarily interrupted while the hospital established new guidelines for such treatment. We issue a writ of mandate.

In April of 1983, for reasons that are not explained to us, the Psychiatric Care and Evaluation Committee of St. Francis met to discuss the operation of the hospital’s ECT unit. In that meeting, the committee decided to hire an outside consultant to evaluate the ECT unit. In August of 1983, the consultant presented his report, which recommended various changes in the procedures for providing ECT at St. Francis. The hospital then suspended

[440]

all ECT for a period of some five and one-half months in order to implement its new guidelines. This lawsuit followed, seeking damages for interruption of plaintiff’s medical practice.

Dr. Joanne Deatherage was accorded psychiatric staff privileges at St. Francis in 1969 and began providing ECT at least by 1977, but probably as early as 1972. Her staff privileges were at no time restricted or limited, but she and other ECT users were prevented from using that procedure at St. Francis by a moratorium that lasted from October 1, 1983, until March 19, 1984. In March of 1984, operation of the ECT unit resumed under new guidelines.

Dr. Deatherage demanded production by St. Francis of various documents, including minutes of the Psychiatric Quality Care Committee and the ECT Task Force Committee and various letters written regarding ECT. After hearing, the court ordered disclosure of most of the requested information, but limited somewhat the dates and subject matter. The court’s order cited as authority