Willits
Willits v. SUPERIOR COURT OF SANTA CLARA CTY.
Opinion
Opinion
Premo, J.
—This petition for a writ of mandate raises an issue of first impression regarding application of the discovery privilege under Evidence Code section 1157, subdivision (a), which protects “proceedings” and “records” of a hospital staff committee “having the responsibility of evaluation and improvement of the quality of care rendered in the hospital. . . .” We hold that the statute applies to a hospital employee’s suit for damages.
Factual and Procedural Background
Petitioner Kathryn Ann Willits was employed as a critical care nurse at San Jose Medical Center (hereafter, SJMC) from November 1990 until October 1991. On March 15, 1991, petitioner withdrew blood from an AIDS patient. While transferring the blood from a syringe into a blood collection tube, petitioner allegedly incurred a needle stick injury. Thereafter, petitioner tested HIV positive.
Petitioner filed suit in March 1992, asserting causes of action for negligence, products liability, and breach of express and implied warranties. Petitioner named as defendant, among others, Health Dimensions, Inc. (hereafter, HDI), a separate entity that managed SJMC at the time of the alleged needle stick.