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Gauthreaux v. Frank

Supreme Court of Louisiana
Jun 16, 1995
656 So. 2d 634 (La. 1995)

Summary

finding that La. R.S. 13:3715.3 does not shield any information passing before a hospital committee or otherwise discussed in a committee meeting as that interpretation was too expansive in light of the Smith decision

Summary of this case from In re Porche

Opinion

No. 95-CC-1033

June 16, 1995

IN RE: Gauthreaux, Lee Tometich; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Civil District Court Div. "I" Number 91-11609; to the Court of Appeal, Fourth Circuit, Number 95CW 0350.


Granted. See per curiam.

CDK

PFC

WFM

JLD

JCW

BJJ

JPV

LEMMON, J. not on panel.


Writ granted. La.R.S. 13:3715.3 was designed to protect the confidentiality of hospital peer review committee records. In pertinent part, section (A)(2) of the statute provides that "all records, notes, data, studies, analyses, exhibits, and proceedings of [a]ny hospital committee . . . shall be confidential wherever located and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee and shall not be available for discovery or court subpoena regardless of where located. . ." In Smith v. Lincoln General Hospital, 605 So.2d 1347 (La. 1992), this court cautioned against reading the privilege created by La.R.S. 13:3715.3 too broadly, stating as follows:

The reliance of the court of appeal upon La.R.S. 13:3715.3 (A) and 44:7 (D) is partially misplaced. These provisions are intended to provide confidentiality to the records and proceedings of hospital committees, not to insulate from discovery certain facts merely because they have come under the review of any particular committee. Such an interpretation could cause any fact which a hospital chooses to unilaterally characterize as involving information relied upon by one of the sundry committees formed to regulate and operate the hospital to be barred from an opposing litigant's discovery regardless of the nature of that information. Such could not have been the intent of the legislature, especially in light of broad scope given to discovery in general. La.C.C.P. art. 1422. Further, privileges, which are in derogation of such broad exchange of facts, are to be strictly interpreted.

* * *

. . . [W]hen a plaintiff seeks information relevant to his case that is not information regarding the action taken by a committee or its exchange of honest self-critical study but merely factual accountings of otherwise discoverable facts, such information is not protected by any privilege as it does not come within the scope of information entitled to that privilege.

Smith v. Lincoln General Hospital, 605 So.2d at 1348.

In the present case, the trial court interpreted La.R.S. 13:3715.3 as protecting from discovery any information passing before a hospital committee or otherwise discussed in a committee meeting. Such a reading of the peer review committee privilege is clearly too expansive in light of our decision in Smith, supra. Therefore, the trial court is ordered to re-examine, in camera if necessary, the discovery requests made by plaintiff to determine whether or not each item of information sought from St. Jude Medical Center is protected by the privilege created in La.R.S. 13:3715.3.

For the foregoing reasons, plaintiff's application for supervisory writs is granted, the judgment of the trial court is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.


Summaries of

Gauthreaux v. Frank

Supreme Court of Louisiana
Jun 16, 1995
656 So. 2d 634 (La. 1995)

finding that La. R.S. 13:3715.3 does not shield any information passing before a hospital committee or otherwise discussed in a committee meeting as that interpretation was too expansive in light of the Smith decision

Summary of this case from In re Porche

In Gauthreaux, the Court stated, "[i]n the present case, the trial court interpreted La. R.S. 13:3715.3 as protecting from discovery any information passing before a hospital committee or otherwise discussed in a committee meeting.

Summary of this case from Diamond Fields v. Ochsner Med. Ctr.- Kenner
Case details for

Gauthreaux v. Frank

Case Details

Full title:LEE TOMETICH GAUTHREAUX v. DR. EDWARD THOMAS FRANK, JR. ST. JUDE MEDICAL…

Court:Supreme Court of Louisiana

Date published: Jun 16, 1995

Citations

656 So. 2d 634 (La. 1995)

Citing Cases

Tebault v. E. Jefferson Gen. Hosp.

It is from this ruling relator seeks supervisory review. Gauthreaux v. Frank, 95-1033 (La. 6/16/95), 656…

In re Porche

La. R.S. 13:3715.3 "was designed to protect the confidentiality of hospital peer review committee records."…