Brownwood Regional Hospital v. 11th Court of Appeals:
a. Issue of whether hospital’s records relating to staff privileges to a physician are protected from discovery in a suit for medical malpractice against hospital for negligent credentialing.
b. Records included: minutes of Board’s meetings, application for staff privileges and reappointment, and bylaws/regulations of medical staff and Board.
c. Hospital refused to give over in discovery; plaintiff filed motion to compel. Court had an in camera inspection. B/c of the tightness of hospital immunity for records, most courts bring the records in camera to decide if confidential or not.
d. Appellate court said they were discoverable and ordered them produced.
e. Supreme Court used 5.06 of Texas Revised Civil Statute article 4495b and section 161.032 of the Health and Safety Code in their decision.
(1) Court said that the minutes from the meetings and the application for appointment of privileges were privileges BUT the bylaws and regulations of the hospital and board are not privileged. Bylaws are really public record anyway.
(2) Records in process, whether initial appointment of privileges, or reappointment are privileged.
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