Baptist Health v. Circuit Court of Pulaski County

284 S.W.3d 499, 373 Ark. 455, 2008 Ark. LEXIS 358
CourtSupreme Court of Arkansas
DecidedMay 22, 2008
Docket07-960
StatusPublished
Cited by11 cases

This text of 284 S.W.3d 499 (Baptist Health v. Circuit Court of Pulaski County) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baptist Health v. Circuit Court of Pulaski County, 284 S.W.3d 499, 373 Ark. 455, 2008 Ark. LEXIS 358 (Ark. 2008).

Opinion

Tom Glaze, Justice.

Baptist Health, doing business as Baptist Health Rehabilitation Institute (BHRI), has petitioned this court for a writ of certiorari directed to the Circuit Court of Pulaski County. BHRI contends that the circuit court has acted in excess of its jurisdiction in ordering it to disclose certain documents that the hospital contends are privileged.

Respondent, 79-year-old Evelyn Reichen, presented to the emergency room at Baptist Hospital in Little Rock on November 4, 2004, after injuring her shoulder in a fall in a parking lot. She was admitted to the hospital and underwent surgery on her shoulder on November 9, 2004. Two days later, she was admitted to BHRI for rehabilitation. Reichen’s admitting physician stated in his orders that she should be monitored for her safety and daily living activities and would need assistance with ambulation. During her initial assessment, BHRI staff noted that Reichen was fragile and would require assistance for safe movement. An Assessment History Report dated November 14, 2004, stated that she was a fall risk due to weakness, and it also noted that sedation was among her medication side effects. The report also reflected that she should have side rails on her bed.

On November 22, 2004, Reichen developed an earache and was given Ambien and Darvocet. An entry on her chart that night stated “fall risk IDs in place- — supervise toilet.” Around 11:00 that night, Reichen needed to go to the bathroom and called for a nurse, but no one responded to her call. Sometime around 3:00 the next morning, Reichen was discovered on the floor of the bathroom, where she had fallen. A CT scan performed the next morning revealed that she had broken her left hip in the fall; she underwent a hip replacement surgery on November 23, 2004.

Reichen and her family sued BHRI on August 10, 2006, and BHRI filed an answer on August 22, 2006. On May 10, 2007, Reichen filed a motion for order compelling discovery in which she sought, among other things, “performance enhancement forms” that had not previously been disclosed. BHRI had previously objected to disclosing these forms on the grounds that they were protected by the “peer review and quality assurance privileges” found in Ark. Code Ann. § 16-46-105 (Repl. 1999). BHRI responded to Reichen’s motion to compel on May 24, 2007, again asserting that the materials she sought were protected by § 16-46-105.

The trial court held a hearing on Reichen’s motion to compel and, on August 31, 2007, entered a protective order in which it ordered BHRI to provide Reichen with copies of the occurrence report related to her fall. The court also ordered BHRI to provide Reichen with copies of reports of falls at BHRI for the six-month time period prior to November 23, 2004 (the “prior fall material”). The court also stated that it would review in camera any of the prior fall material deemed by BHRI to be protected by the quality assurance or peer review statute.

On September 17, 2007, the circuit court entered an order in which it stated that, after examining the “occurrence reports” in camera, it had determined that the “information contained on page one of the document is clearly the type of information typically contained in an incident report.” Because Ark. Code Ann. § 16-46-105 did not apply to “incident reports” and “other records,” the court found that the statute did not protect the materials and ordered BHRI to produce the documents for discovery. That same afternoon, BHRI filed the instant petition for writ of certiorari, asking this court to vacate and reverse the circuit court’s order compelling discovery.

BHRI argues that it is entitled to a writ of certiorari because the materials the trial court ordered it to disclose are privileged under Ark. Code Ann. § 16-46-105, which provides as follows:

The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees oflocal medical societies having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications.

Ark. CodeAnn.§ 16-46-105(a)(l)(A) (Repl. 1999) (emphasis added). BHRI contends that the trial court’s order compelling the production of the documents is in clear contradiction of the statute and that, absent extraordinary relief, it would suffer irreparable harm.

The standard for granting a writ of certiorari is well settled in Arkansas. A writ of certiorari is extraordinary relief, and there are two requirements that must be satisfied in order for this court to grant the writ. The first requirement is that there can be no other adequate remedy but for the writ of certiorari. Second, a writ of certiorari lies only where (1) it is apparent on the face of the record that there has been a plain, manifest, and gross abuse of discretion, or (2) there is a lack of jurisdiction, an act in excess of jurisdiction on the face of the record, or the proceedings are erroneous on the face of the record. See Jordan v. Circuit Court of Lee County, 366 Ark. 326, 331, 235 S.W.3d 487, 491 (2006) (citing Arkansas Game & Fish Comm'n v. Herndon, 365 Ark. 180, 226 S.W.3d 776 (2006)).

In addition, this court has held that, in determining the applicability of the writ, we will not look beyond the face of the record to ascertain the actual merits of a controversy, or to control discretion, or to review a finding of fact, or to reverse a trial court’s discretionary authority. Jordan, 366 Ark. at 331, 235 S.W.3d at 491; see also Chiodini v. Lock, 373 Ark. 88, 281 S.W.3d 728 (2008).

In this case, BHRI essentially seeks a writ of certiorari that would reverse the trial court’s ruling on a discovery question. This court has, on several occasions, specifically held that a petition for writ of certiorari is not an appropriate remedy when a party seeks to reverse a discovery order. Most recently, we addressed this precise issue in Chiodini v. Lock, in which the petitioner sought a writ of certiorari to reverse the circuit court’s rulings on his numerous discovery requests. In denying the request for the extraordinary writ, this court wrote as follows:

Our court has clearly held that a discovery order is not the proper subject for an extraordinary writ because the trial court’s jurisdiction allows it to decide such discovery issues. See Ford Motor Co. v. Harper, 353 Ark. 328, 107 S.W.3d 168 (2003) (Glaze, J., concurring) (citing Lupo v. Lineberger, 313 Ark. 315, 855 S.W.2d 293 (1992)). In Ballard v. Martin, 349 Ark.

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Bluebook (online)
284 S.W.3d 499, 373 Ark. 455, 2008 Ark. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baptist-health-v-circuit-court-of-pulaski-county-ark-2008.