Pomona Valley Hospital Medical Center v. Superior Court
209 Cal. App. 4th 687
| Cal. Ct. App. | 2012Background
- Hospital seeks discovery of IRB records exempt under Evidence Code §1157 for medical staff committees evaluating quality of care.
- IRB is a medical staff committee created by hospital bylaws with lay and non-affiliated members as required by federal law.
- Cabana’s negligence suit sought interrogatories and documents concerning IRB communications and approval of an investigational device.
- Trial court found IRB not a medical staff committee due to lay members, thus §1157 did not apply and ordered compliance.
- Appellate court concludes IRB is a medical staff committee and §1157 protections apply to its proceedings and records, even with lay members.
- Konrady stärkerMinnesota federal authority distinguished; California law broadly protects committee records to encourage candor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IRB records are protected by §1157 as a medical staff committee | Cabana argues IRB isn’t medical staff, thus not protected | Hospital argues IRB is a medical staff committee within §1157 scope | Yes; IRB records exempt under §1157 |
| Whether inclusion of lay members voids §1157 protection | Confidentiality should fail due to non-practitioner members | Lay members do not remove §1157 protection | Protection remains despite lay members |
| Scope of discovery relief under §1157 in a civil action | Non-exempt information may still be discoverable | Any IRB-derived records are exempt if from evaluation/quality-of-care | §1157 shields proceedings/records; non-exempt information may be discoverable |
| Distinction from Konrady and foreign statutes | Konrady controls when IRB isn’t peer review | California §1157 is broader and protects IRB records | California §1157 broader; Konrady distinguished |
| Effect of FDA access on confidentiality | FDA access negates secrecy under state law | FDA access does not destroy §1157 protection | FDA access does not defeat §1157 exemp tion |
Key Cases Cited
- Santa Rosa Memorial Hospital v. Superior Court, 174 Cal.App.3d 711 (Cal. Ct. App. 1985) (section 1157 protects non-physician members on a medical staff committee)
- Mt. Diablo Hospital Dist. v. Superior Court, 183 Cal.App.3d 30 (Cal. Ct. App. 1986) (section 1157 protects committees evaluating new treatments/ drugs)
- Konrady v. Oesterling, 149 F.R.D. 592 (D. Minn. 1993) (federal authority distinguished; IRB not shielded under Minnesota statute)
- Doe v. Illinois Masonic Medical Center, 696 N.E.2d 707 (Ill. App. 1998) (IRB records protected; purpose to improve hospital conditions and patient care)
- Matchett v. Superior Court, 40 Cal.App.3d 623 (Cal. Ct. App. 1974) (confidentiality of staff investigations promotes candor)
- County of Los Angeles v. Superior Court, 139 Cal.App.4th 8 (Cal. Ct. App. 2006) (statutory framework supporting confidentiality in quality assurance)