California Eye Institute v. Superior Court

Factual and Procedural Background

Dr. David B. Kaye is an ophthalmologist with an emphasis on refractive and cataract surgery. He began practicing in Fresno in 1980. Between October 1982 and April 1984 Saint Agnes Medical Center monitored all Dr. Kaye’s cases, preoperatively, intraoperatively, and postoperatively. Saint Agnes Medical Center informed Dr. Kaye that the restriction of his staff privileges was instituted by the board of trustees executive committee on the recommendation of the medical staff executive committee. In April 1984, Saint Agnes ceased monitoring Dr. Kaye and restored him to full staff privileges.

In 1987 Dr. Kaye filed suit against California Eye Institute, California Eye Institute Management Corporation, Saint Agnes Medical Center, Saint Agnes Hospital and several doctors, individually. He alleged several causes of action based in part on the claim his hospital staff privileges wrongfully had been restricted at the named medical center.

Dr. Kaye sought discovery of certain documents relating to the restriction of his privileges. Saint Agnes claimed the documents were privileged under Evidence Code section 1157. Dr. Kaye claimed he fell within an…