Scripps Memorial Hospital v. Superior Court

The issue before us is whether the statutory prohibition against the discovery of records of hospital staff committees applies when the records are sought to impeach an expert called to testify in a criminal trial. We hold Evidence Code 1 section 1157, subdivision (a) provides a broad privilege against the discovery of such records; and, although later enacted subdivision (e) opens the door to discovery in a criminal action, subdivision (e) is limited on its face to records of certain classes of caregivers added to the statute after the passage of Proposition 8. We believe any contrary construction would allow the exception under subdivision (e) to erode the expansive protection against disclosure afforded under subdivision (a).

Factual and Procedural Background

Dr. Jaga Nath Classman, a psychiatrist who practices with Scripps Memorial Hospital (Scripps), was designated as an expert by a defendant charged with child molestation. About a week before the trial was set to start, the prosecutor served a subpoena on Scripps to produce all employment records for Dr. Classman, including “Currant [sic] Employment *1723 Status, Disciplinary Action Reports, Peer Review Reports,…

I

Preliminarily, I would deny the petition on the grounds of mootness. First, the real party in interest, People of the State of California represented by the San Diego County District Attorney, has expressed no interest in pursuing this matter because the criminal case for which it sought records from Scripps Memorial Hospital (Scripps) has long since concluded.

*1732 Second, the physician who was the subject of the relevant hospital peer review reports and proceedings has always consented to the release of this information.

Third, Scripps is no longer subject to requests for production in this long-since completed criminal action, nor will it be. That is not to say I disagree with the majority’s suggestion the general issue is one of continuing concern. However, there has been no showing made that it is a concern that requires this court to visit the issue which was thoroughly addressed four years ago in People v. Superior Court Memorial Medical Center (1991) 234 Cal.App.3d 363 [ 286 Cal.Rptr. 478 ] (hereafter Memorial Medical Center), the holding of which the trial court here was bound to follow under the authority of Auto Equity Sales, Inc. v. Superior Court (1962) 57…

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Richard J. Sachs, Deputy District Attorneys, for Real Party in Interest.

OPINION

NARES, J.

The issue before us is whether the statutory prohibition against the discovery of records of hospital staff committees applies when the records are sought to impeach an expert called to testify in a criminal trial. We hold Evidence Code [1] section 1157, subdivision (a) provides a broad privilege against the discovery of such records; and, although later enacted subdivision (e) opens the door to discovery in a criminal action, subdivision (e) is limited on its face to records of certain classes of caregivers added to the statute after the passage of Proposition 8. We believe any contrary construction would allow the exception under subdivision (e) to erode the expansive protection against disclosure afforded under subdivision (a).

Dr. Jaga Nath Glassman, a psychiatrist who practices with Scripps Memorial Hospital (Scripps), was designated as an expert by a defendant charged with child molestation. About a week before the trial was set to start, the prosecutor served a subpoena on Scripps to produce all employment records for Dr.…