Binder

—William Binder, M.D. (hereinafter defendant), defendant in an action for wrongful death based on medical negligence, seeks relief from the lower court’s order compelling production of “any and all . . . photographs” in defendant’s possession “depicting a lesion suspected or diagnosed as melanoma.”

Factual and Procedural History

Real parties in interest (hereinafter plaintiffs) are the wife and two daughters of Herbert Neufeld. Defendant is a dermatologist specializing in the treatment of skin diseases. The decedent, Herbert Neufeld, consulted defendant on August 11, 1983, concerning a mole on Mr. Neufeld’s left leg. Based upon a physical examination and defendant’s overall clinical impressions, defendant diagnosed the lesion as “a possible compound nevus with a venous angioma” and recommended to Mr. Neufeld the lesion be removed for identification by a pathologist. However, Mr. Neufeld did not return to defendant’s office for over nine months until May 15, 1984. At that time, the lesion was removed and sent to a pathologist who, with the aid of a microscope, diagnosed the lesion to be melanoma. Mr. Neufeld subsequently died. Plaintiffs allege defendant negligently…