Marcus

Petitioners here are a doctor of medicine and a hospital who are defendants in a malpractice action brought against them in the superior court. They ask us to set aside a discovery order upon the ground that it violates the physician-patient privilege. We have concluded that the order is improper, that the issue is of some importance not so much to the parties as to third persons whose privacy is at stake, that an appeal would afford no remedy at all, and that a writ of prohibition is under the circumstances appropriate relief. (See Oceanside Union School Dist. v. Superior Court (1962) 58 Cal.2d 180, 185 [ 23 Cal.Rptr. 375 , 373 P.2d 439 ].)

The parties will be referred to by their alignment in the superior court.

Plaintiff (real party in interest here) is seeking to recover damages from defendants for injuries allegedly sustained by him when the defendants performed various tests upon him. By deposition, interrogatories and a motion to produce documents, plaintiff has sought to force disclosure of the names and addresses of other persons to whom defendants gave angiographic testing. Defendants sought protective orders. After a hearing the superior court made the…