Tirado v. Lehigh Valley Hospital

49 Pa. D. & C.4th 110, 2000 Pa. Dist. & Cnty. Dec. LEXIS 118
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedMarch 14, 2000
Docketno. 1997-C-2100V
StatusPublished

This text of 49 Pa. D. & C.4th 110 (Tirado v. Lehigh Valley Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tirado v. Lehigh Valley Hospital, 49 Pa. D. & C.4th 110, 2000 Pa. Dist. & Cnty. Dec. LEXIS 118 (Pa. Super. Ct. 2000).

Opinion

FORD, J.,

This is a medical malpractice action which arose out of alleged negligent treatment by the defendants to plaintiff, Maritza Tirado, during the delivery of her son, Richard A. Santiago Jr., the decedent.

[112]*112Defendant, Crystal Singleton M.D., is alleged to have been one of the physicians involved in the delivery of the child who died days after the birth.

Plaintiffs served a request for production of documents upon defendant, Dr. Singleton, on April 6,1998. In pertinent part, the request reads that Dr. Singleton should produce “any and all documents and records pertaining to examinations, treatment and any other medical attention precipitated by or occurring after the alleged negligence of defendant which is the basis of plaintiffs’ complaint.”

On September 9, 1998, counsel for plaintiffs was in the process of deposing defendant Dr. Singleton. In the course of the deposition, counsel for plaintiffs asked Dr. Singleton, “Did you make any notes or record about what happened that night anywhere other than in the patient’s chart?” Dr. Singleton proceeded to describe her preparation of the seven-page document which was marked Singleton exhibit 1 at that deposition. Dr. Singleton prepared the report within one week of the birth of the child. 9/9/98 Singleton N.T., pp. 36-38.

Plaintiffs’ counsel made a request for a copy of the document. Defense counsel refused to give the copy, except for the first page and a portion of the second page, claiming that the rest was confidential as a peer review document. The deposition was then discontinued.

The plaintiffs filed a motion to compel production of Singleton exhibit 1. Defendants requested an evidentiary hearing. We attempted to resolve the issue by argument only. That resulted in our order of December 29, 1999, denying the motion to compel without prejudice, pending an evidentiary hearing.

On March 1, 2000, an evidentiary hearing was conducted at which defendant, Dr. Singleton, who prepared [113]*113the report, testified by speaker phone in the courtroom. Dr. Roger Atlas, who was the assistant resident director for obstetrician and gynecological residents at Lehigh Valley Hospital at the time that the alleged negligence occurred, also testified by speaker phone. Both of the witnesses were located out of state when their testimony was taken. The following pertinent facts were developed at hearing.

Dr. Singleton was an Ob-Gyn resident at Lehigh Valley Hospital on January 25, 1996, when the birth took place. She is alleged to have been one of the physicians involved in the problematic delivery. Dr. Atlas, one of the directors of the program, was not involved in the delivery. However, within one week of the incident, he asked Dr. Singleton to write a summary for peer review purposes. As Dr. Atlas explained, the summary would be to analyze the case within the department.

Dr. Singleton then dictated the report. She read the seven-page transcribed report and signed it. She then gave an original or a copy to Attorney Stevens, defense counsel in this case. She also maintained a copy at her own home and gave an original or a copy to Dr. Atlas.

An original or a copy was also given to Ms. Georgine Saliba, the director for risk management at Lehigh Valley Hospital.

We have chosen to utilize an in camera review to make an informed decision about this issue. The use of in camera review is appropriate when there is a dispute as to whether a document is privileged. The Superior Court has encouraged the use of in camera review as an aid in determining whether privilege (if it is not an absolute privilege) applies to a document. Young v. Western Pennsylvania Hospital, 722 A.2d 153 (Pa. Super. 1998).

[114]*114Plaintiffs sent a notice to take the deposition to defense counsel with the deposition to be on June 1,1998. The deposition did not occur on that date. Rather, the deposition took place on September 9, 1998. However, Dr. Singleton admitted that she reviewed Singleton exhibit 1 with Mr. Stevens during the summer of 1998. When she reviewed the exhibit with Mr. Stevens, she knew that her deposition was going to be taken. She did not know the date of the deposition.

While the report may have been prepared for quality assurance purposes, there is no evidence that it was actually presented to the quality assurance committee. Dr. Atlas had no idea as to what happened to the report or who received copies of it. Dr. Singleton did appear before the quality assurance committee but she did not give testimony.

After our in camera review, which we directed by order dated March 6, 2000, we see that the document addresses the events leading to, during and after the delivery. It also recounts the patient’s history of other deliveries, compiled from other hospital or patient records. It appears that the portion of Singleton exhibit 1 which was voluntarily given to plaintiffs’ counsel at the deposition was Dr. Singleton’s summary of this delivery. What was withheld, under the claim of peer review, was the rather mechanical recounting of the other deliveries taken from other records.

Pennsylvania Rule of Civil Procedure 4003.1 reads in pertinent part: “[A] party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action....” Further, Pa.R.C.P. 4003.1(b) provides, “It is not ground for objection that the information sought will be inadmis[115]*115sible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”

As was stated in Bennett v. Graham, 552 Pa. 205, 714 A.2d 393 (1998), “Discovery cannot achieve its aims of crystallizing the facts and issues for trial if counsel are to be subject to the same evidentiary limitations encountered at trial.” Id., 714 A.2d at 396.

Plaintiffs’ counsel was rightfully concerned that she had to learn about the existence of the seven-page report by asking the right question at a deposition. The existence of the report should have been made known by defense counsel in his response to the request for documents. Pa.R.C.P. 4009.12(b)(2). We return to this subject later in this opinion.

Defense counsel has asserted that the document is confidential under the Peer Review Protection Act, 63 P.S. §§425.1-425.4.

Confidentiality of certain reports of healthcare professionals is addressed in PRPA at 63 P.S. §425.4. It provides that the proceedings and records of a review committee shall be held in confidence and shall not be subject to discovery in a civil action against a healthcare provider. Many appellate decisions have acknowledged the salutary rationale for PRPA. It serves the legitimate purpose of maintaining high professional standards in medical care for the protection of patients. It is meant to foster the medical profession’s policing itself and its own activities. Cooper v. Delaware Valley Medical Center, 539 Pa. 620, 654 A.2d 547 (1995). Additionally, the immunity and confidentiality provisions within PRPA seek to foster the greatest candor and frank discussion at [116]

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Related

Young v. Western Pennsylvania Hospital
722 A.2d 153 (Superior Court of Pennsylvania, 1998)
Commonwealth v. Proctor
385 A.2d 383 (Superior Court of Pennsylvania, 1978)
Cooper v. Delaware Valley Medical Center
654 A.2d 547 (Supreme Court of Pennsylvania, 1995)
Bennett v. Graham
714 A.2d 393 (Supreme Court of Pennsylvania, 1998)
Robinson v. Magovern
83 F.R.D. 79 (W.D. Pennsylvania, 1979)

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Bluebook (online)
49 Pa. D. & C.4th 110, 2000 Pa. Dist. & Cnty. Dec. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tirado-v-lehigh-valley-hospital-pactcompllehigh-2000.