Johnson v. Detroit Medical Center
804 N.W.2d 754
Mich. Ct. App.2010Background
- Defendants appealed a trial court order compelling discovery of materials alleged to be protected or privileged.
- The case was submitted to this Court following a Supreme Court remand order, with the Court treating it as on leave granted and reversing.
- The trial court required disclosure of Dr. Andre Nunn’s credentials and privileges file.
- The court also ordered disclosure of Dr. Nunn’s operative logs, asserting a discovery breach.
- Statutory framework identified includes MCL 333.21513, MCL 333.21515, and MCL 600.2157, governing confidentiality and privileges in health care contexts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §21515 prohibits discovery of credentials and privileges files | Nunn file is not exempt from discovery | File is confidential under §21515 | Prohibited |
| Whether Nunn’s operative logs are protected by physician-patient privilege | Logs may be disclosed for discovery purposes | Logs are privileged and confidential under physician-patient privilege | Protected |
Key Cases Cited
- Holman v Rasak, 486 Mich 429 (Mich Supreme Court 2010) (abuse-of-discretion standard for discovery motions; de novo for statutory questions)
- Dye v St John Hosp & Med Ctr, 230 Mich App 661 (Mich App 1998) (credentials materials may be confidential under peer-review statutes)
- Attorney General v Bruce, 422 Mich 157 (Mich Supreme Court 1985) (peers review duties include reviewing licensees and granting staff privileges)
- Dorris v Detroit Osteopathic Hosp Corp, 460 Mich 26 (Mich Supreme Court 1999) (physician-patient privilege protects nonparty patients and information)
- Baker v Oakwood Hosp Corp, 239 Mich App 461 (Mich App 2000) (physician-patient privilege applies to information acquired in professional capacity)