Valley Health System, LLC v. Eighth Judicial District Court Ex Rel. County of Clark
127 Nev. 167
| Nev. | 2011Background
- Valley Health petitioned for a writ of mandamus to overturn a district court order granting discovery of documents.
- The discovery sought records of other incidents or complaints of improper conduct by employees at Centennial Hills and other Valley Health facilities.
- The discovery commissioner recommended production for five years prior to the alleged sexual assault.
- Valley Health objected, arguing irrelevance and privilege under NRS 439.875; district court adopted the commissioner's report.
- Valley Health raised the privilege argument for the first time before the district court; this was later deemed waived for purposes of the opinion.
- The court ultimately denied the writ, finding the privilege argument not waived as to merits and that the requested materials were not privileged under NRS 439.875(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver for privilege issue. | Valley Health waived privilege by not raising before commissioner. | Waiver rule applies; issue not presented to commissioner. | Waiver apply; privilege argument not preserved. |
| Scope of NRS 439.875(5) privilege. | Records of patient safety committee should be privileged. | Privilege limited to patient safety committee records. | Privilege limited to internal patient safety committee materials; not to Cagnina's requested documents. |
| Appropriateness of writ relief for discovery orders. | Writ warranted to prevent privilege disclosure and misuse. | Writ typically unavailable for discovery; only in limited cases. | Writ denied on the merits; discovery not privileged. |
Key Cases Cited
- Columbia/HCA Healthcare Corp. v. Dist. Ct., 113 Nev. 521 (Nev. 1997) (scope of NRS 49.265 privilege is narrow; occurrence reports not protected)
- Wardleigh v. District Court, 111 Nev. 345 (Nev. 1995) (discovery orders; writs are extraordinary relief in limited circumstances)
- Clark County Liquor v. Clark, 102 Nev. 654 (Nev. 1986) (discovery abuses; when writs may issue)
- Clark v. District Court, 101 Nev. 58 (Nev. 1985) (limits on discovery relief; writ considerations)
- Old Aztec Mine, Inc. v. Brown, 97 Nev. 49 (Nev. 1981) (waiver when issues not urged in trial court)