Schulz

Petitioner Schulz is plaintiff in a medical malpractice action. Two of the defendants are Dr. Paul H. Stavig and the Woodland Memorial Hospital. The plaintiff’s claim arose out of surgeiy performed in the hospital in 1974 by Dr. Stavig.

Schulz sought pretrial discovery of reports to or by the medical advisory board of the hospital. Stavig refused to answer, asserting the privilege afforded by Evidence Code section 1157. Following a motion to compel further answers, Stavig answered that he had written to the chairman of the medical advisory board expressing his opinion on medical cases being reviewed by the board, including that of petitioner. He refused, however, to relate the content of the letter or to produce it.

He further answered that the medical advisory board of the hospital had met and discussed various cases attended by Stavig, including petitioner’s. He stated that the minutes of the meeting were in the possession of the hospital administrator Mr. Thurman, but refused to disclose the nature of the discussions concerning petitioner’s medical case. Petitioner thereafter served Stavig and the hospital with a notice to produce documents, seeking all statements…