At page 1348 Interpreting hospital committee confidentiality in discovery10 citing cases“not to insulate from discovery certain facts merely because they have come under the review of any particular committee.”
- In Re: Med. Review Panel Proceedings of Travis Porche (D); Pcf File No. 2021-00615., 414 So. 3d 1199 (La. Ct. App. 2025).published In Smith v. Lincoln General Hospital, 605 So.2d 1347, 1348 (La. 1992), the Court stated: These provisions are intended to provide confidentiality to the records and proceedings of hospital committees, not to insulate from discovery certain…
- Louise Frederick Wife of/& Steven Frederick Versus St. Charles Surgical Hosp., LLC, No. 24-C-528 (La. Ct. App. Dec. 23, 2024).Hosp., 605 So.2d 1347, 1348 (La. 1992), the Louisiana Supreme Court addressed the scope of the privilege created by La.
- Louise Frederick Versus St. Charles Surgical Hosp., LLC C/W Louise Frederick Wife of/& Steven Frederick Versus St. Charles Surgical Hosp., LLC, No. 24-C-526 (La. Ct. App. Dec. 23, 2024).Hosp., 605 So.2d 1347, 1348 (La. 1992), the Louisiana Supreme Court addressed the scope of the privilege created by La.
- Martha Jane Guichard & Nicholas Guichard v. Gerard J. Gianoli, M.D., Hosp. Serv. Dist. 1 of Tangipahoa Par. d/b/a North Oaks Med. Ctr., No. 2023CW0125 (La. Ct. App. May 3, 2023).(per cur~am)
- In Re: Med. Review Panel Proceeding of Travis Porche (D), Pcf File No. 2021-00615., 353 So. 3d 382 (La. Ct. App. 2022).publishedSuch 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 opposin…
- James J. Donelon, Comm'r of Ins. for the State of Louisiana, in his capacity as Rehabilitator of Louisiana Health Coop., Inc. v. Terry S. Shilling, George G. Cromer, Warner L. Thomas, IV, William A. Oliver, Charles D. Calvi, Patrick C. Powers, CGI Tech. & Solutions, Inc., Grp. Resources Inc., Beam Partners, LLC, Milliman, Inc., Buck Consultants, LLC & Travelers, No. 2021CA0703 (La. Ct. App. Apr. 12, 2022).unpublishedSmith a Lincoln General Hospital, 605 So. 2d 1347, 1348 ( La. 1992) ( per curiam).
- Law Offices of Robert C. Lehman, A Prof'l Law Corp., Law Offices of Robert C. Lehman, LLC & Robert C. Lehman, Individually v. Shawn W. Rogers, Rogers Law Firm, LLC dba Rogers Law Firm, Norman J. Manton, Jr., & Louisiana Citizens Prop. Ins. Co., No. 2021CW0040 (La. Ct. App. Mar. 2, 2021).Smith v. Lincoln General Hospital, 605 So. 2d 1347, 1348 ( La. 1992) ( per curiam).
- Rhonda Danos, Individually, & as Curatrix for the Interdict, Ronald Martin, & Scheree Martin Versus Emery A. Minnard, M.D., Jefferson Par. Hosp. Serv. Dist. No. 1 D/B/A West Jefferson Med. Ctr., Crescent Surgical Grp., LLC, Dr. Michael Cook & Dr. Mark Kappelman, 279 So. 3d 486 (La. Ct. App. 2019).publishedHosp., 605 So.2d 1347, 1348 (La. 1992), in considering the scope of both La.
- Kimberly Powell v. Cmty. Health Sys., Inc., 312 S.W.3d 496 (Tenn. 2010).published Hosp., 605 So.2d 1347, 1348 (La.1992); In re “K”, 132 N.H. 4 , 561 A.2d 1063, 1068-69 (1989); In re Univ. of Texas Health Ctr., 33 S.W.3d 822, 825 (Tex.2000).
- In re Philip Morris, Inc., 706 So. 2d 665 (La. Ct. App. 1998).publishedR.S. 44:4 should be strictly interpreted, citing Smith v. Lincoln General Hospital, 605 So.2d 1347, 1348 (La.1992) and Mayerhafer v. Roland, 625 So.2d 286, 288-289 (La.App. 4 Cir.1993).
Other citing cases
- Sepulvado v. Bauman, 753 So. 2d 207 (La. 1999).published
v.
LINCOLN GENERAL HOSPITAL et al.
PER CURIAM.
The court of appeal erred when it reversed the trial court's ruling ordering production of studies done by the defendant regarding the percentage of nosocomial infections per admission. In reversing the trial court's ruling, the court of appeal determined that La.R.S. 13:3715.3(A) and 44:7(D) make the information the plaintiff seeks confidential and thus barred from[*1348] discovery. Plaintiff brought suit to recover, inter alia, for injuries he sustained as the result of a nosocomial infection he contracted while admitted to defendant's facility, North Louisiana Rehabilitation Center. Plaintiff contends that the infection was due to an act or omission on the part of that defendant in failing to protect the plaintiff from such infections. During the discovery phase of the proceedings, the plaintiff filed a motion for production of documents seeking studies done by the hospital regarding the percentage of nosocomial infection rates per patients admitted. Defendant objected to this request and plaintiff obtained an order to compel the defendant to produce these documents. The defendant sought supervisory review from the court of appeal, which reversed the ruling of the trial court, holding that such information was confidential. We grant plaintiff's application for review, reverse the decision of the court of appeal in part, affirm in part, and remand the case to the trial court for further proceedings consistent with this opinion.
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.
In the present case, the plaintiff seeks facts relating to nosocomial infection rates in the defendant's hospital. A nosocomial infection is the same malady which gave rise to the plaintiff's injuries. Such facts would be highly relevant to the plaintiff's case or highly likely to lead to such evidence. The defendant asserts that these studies are part of the proceedings of the defendant hospital's Infection Control Committee. He asserts by affidavit that the Infection Control Committee is a policy making body. This court has already questioned to what extent hospital committee records are protected by the pertinent statutes and considered that policy making and personnel areas are within the protected scope. Smith v. Louisiana Health and Human Resources Admin., 477 So.2d 1118 (La.1985). Nevertheless, when 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.
This does not mean that the plaintiff is entitled to the entire study, as such study may contain evidence of policy making, remedial action, proposed courses of conduct, and self-critical analysis which the privilege seeks to protect in order to foster the ability of hospitals to regulate themselves unhindered by outside scrutiny and unconcerned about the possible liability ramifications their discussions might bring about. As such, the trial court must make an in camera inspection of such records and determine to what extent they may be discoverable. Therefore, we reverse the court of appeal's decision that these reports are wholly protected by the statute, affirm their decision in the sense that it recognizes that some records of this committee may be protected, and remand this action to the trial court for further proceedings consistent with this opinion.
REVERSED IN PART, AFFIRMED IN PART AND REMANDED.