367 N.C. 607
N.C.2014Background
- Complaint filed Sept. 28, 2011 alleging surgical fire injuries from Sept. 17, 2010 at Cape Fear Valley Medical Center involving Saini; oxygen under drapes ignited by electrocautery causing burns; defendants include CCHS, Untch, Bax; discovery sought of QCC Reports, Maynard notes, RCA Report; trial court granted discovery; Court of Appeals affirmed discovery not shielded; Supreme Court held RCA Team not a medical review committee and not shielded under §131E-95.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the RCA Team is a medical review committee under §131E-76(5)(c). | RCA Team operated under written procedures; created by medical staff and governing board. | RCA Team constitutes a medical review committee under §131E-76(5)(c). | Not proven; RCA Team not shown to meet §131E-76(5)(c) criteria. |
| Whether Maynard's notes and RCA Report are shielded by §131E-95(b). | Documents are part of a medical review process. | Documents produced by a medical review committee or considered by it. | Not shielded; no established medical review committee shown. |
| Whether the RCA Policy and related documents demonstrate proper adoption/operation. | Policy confirms medical staff/governing board adoption. | Policy lacks evidence of board/staff adoption or proper operation. | Insufficient to establish §131E-76(5) and §131E-95(b) applicability. |
Key Cases Cited
- In re Vogler Realty, Inc., 365 N.C. 389 (2012) (statutory interpretation standard for de novo review)
- Bryson v. Haywood Reg’l Med. Ctr., 204 N.C. App. 532 (2010) (burden on establishing medical-m- review status)
- Shelton v. Morehead Mem’l Hosp., 318 N.C. 76 (1986) (board/bylaws/participants analysis for medical review committee)
- In re Miller, 357 N.C. 316 (2003) (burden to prove essential elements of privilege)