Harrison v. Hayes

870 A.2d 326, 2005 Pa. Super. 43, 2005 Pa. Super. LEXIS 99
CourtSuperior Court of Pennsylvania
DecidedFebruary 3, 2005
StatusPublished
Cited by4 cases

This text of 870 A.2d 326 (Harrison v. Hayes) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrison v. Hayes, 870 A.2d 326, 2005 Pa. Super. 43, 2005 Pa. Super. LEXIS 99 (Pa. Ct. App. 2005).

Opinion

OPINION BY

DEL SOLE, P.J.:

¶ 1 We are presented with three consolidated appeals taken from trial court orders which required the production of certain discovery materials over challenges based on claims of privilege. We quash all three appeals.

¶ 2 The underlying action was instituted by Appellee, Patricia Harrison, who claimed she had suffered damages as a result of medical malpractice arising from her care and treatment at Mercy Fitzgerald Hospital, following a sledding accident. Harrison named Drs. Timothy J. Hayes and Margaret E. Marcinik as defendants, along with Mercy Fitzgerald Hospital and Mercy Health System. Extensive discovery in the case then ensued. Challenges to certain discovery matters resulted in three separate rulings which form the basis for the three appeals now before us. Two of these appeals, No. 324 EDA 2004, and No. 326 EDA 2004 are interlocutory and non-appealable at this stage of the proceedings. We need not reach a conclusion regarding the appealability of the third appeal, No. 325 EDA 2004, because the aggrieved party did not file the appeal, and it is quashed on that basis.

Appeals at No. 32k EDA 200k and No. 326 EDA 200k

¶ 3 Underlying appeal No. 324 is a notice by Harrison of the taking of an oral deposition and a demand for the production of a corporate designee “to testify regarding the policies, procedures and practices of physician credentialing, privileging and re-privileging” as they would relate to Drs. Marcinik and Hayes. Appellants filed a Motion for Protective Order with the trial court seeking relief from the command to produce a witness to testify to these matters, claiming that the information sought was protected by the Peer Review Protection Act, 63 P.S. §§ 425.1-425.4. The trial court denied Appellants’ motion, prompting an appeal.

¶ 4 Harrison also filed a motion seeking to compel more specific answers to certain interrogatories and requests for production of documents related to the applications for staff appointment and privileges of Drs. Marcinik and Hayes. Appellants filed a response to the motion to compel, claiming the documents sought were privileged under the Peer Review Protection Act. The trial court issued an order granting Harrison’s motion and ordering Mercy Fitzgerald Hospital and Mercy Health System to “provide copies of Dr. Hayes’ initial staff application and applications for re-appointment and re-privileging with all supporting documents submitted with the application.” An appeal from this order is docketed at No. 326 EDA 2004.

¶ 5 Before we are able to undertake a review of the merits of Appellants’ claims it is first necessary to examine the appealability of the orders at issue. Because these orders are not final orders, see Pa.R.A.P. 341(b), we must review whether they are nevertheless appealable under the collateral order doctrine. See Pa.R.A.P. 313. A non-final order may be appealed as of right if it is “separable from and collat *328 eral to the main action, involves a right too important to be denied review and, if review is postponed,, the right will be irreparably lost.” Gocial v. Independence Blue Cross, 827 A.2d 1216, 1220 (Pa.Super.2003); Pa.R.A.P. 313. The collateral order doctrine conveys the right to appeal simply by filing a Notice of Appeal, provided that the party appealing has satisfied this three-pronged prerequisite. Commonwealth v. Dennis, 859 A.2d 1270, 1277 (Pa.2004). The three requirements for an appealable collateral order must remain stringent in order to prevent undue corrosion of the final order rule. Melvin v. Doe, 575 Pa. 264, 836 A.2d 42, 47 (2003). “To that end, each prong of the collateral order doctrine must be clearly present before an order may be considered collateral.” Id.

¶ 6 In undertaking an examination of the question of whether the orders at issue are collateral orders, we are aided by this Court’s recent decision in Jacksonian v. Temple Univ. Health Sys. Found., 2004 PA Super 450, 862 A.2d 1275. Therein the defendants sought to appeal a trial court’s discovery order directing the defendant hospital to answer interrogatories which sought information regarding queries made or not made by the hospital to the National Practitioner Data Bank. The Data Bank is a source for collecting information about malpractice judgments, settlement and disciplinary actions regarding physicians. The defendants claimed the information sought was privileged, but the trial court ultimately rejected this claim and ordered the hospital to disclose whether it made the relevant inquires, and if it did not make them, it was ordered to disclose the names of those physicians and the reasons why an inquiry was not made.

¶ 7 On appeal of the trial court’s order, the Superior Court first addressed whether the matter was properly before it as an appeal of a collateral order. The court noted that the collateral order rule must be interpreted narrowly and that all three elements of the rule must be satisfied. Id., 7. The court in Jacksonian reviewed the question of whether the right involved was too important to be denied review. It noted that such a right must be deeply rooted in public policy and that a claim of privilege could satisfy this definition. Accord Commonwealth v. Dennis, 859 A.2d 1270 (finding a discovery order compelling the production of defense notes taken during jury selection process was a collateral order where the question of privilege involving the work-product doctrine involved one of the most fundamental tenets of our system of jurisprudence, deeply rooted in public policy); Melvin v. Doe, 575 Pa. 264, 836 A.2d 42 (2003) (finding that the constitutional right to anonymous free speech is a right deeply rooted in public policy that goes beyond this particular litigation, and that it falls within the class of rights that are too important to be denied review.)

¶ 8 The Jacksonian court found the importance prong of the collateral order rule was not satisfied in the case before it because the discovery order at issue did not involve privileged information. The court noted that while the information contained in the data bank is privileged and its disclosure prohibited, the disclosure of whether a hospital made inquires or why it did not make inquiries, does not seek the discovery of privileged information.

¶ 9 The court in Jacksonian distinguished the case of Ben v. Schwartz, 556 Pa. 475, 729 A.2d 547 (1999), wherein a trial court ordered the Bureau of Professional and Occupational Affairs to produce investigative files relating to the defendant-dentist in a dental malpractice case. It noted that in Ben

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Bluebook (online)
870 A.2d 326, 2005 Pa. Super. 43, 2005 Pa. Super. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-hayes-pasuperct-2005.