Barnes v. Whittington

MAUZY, Justice.

This mandamus action arises out of a request for production of documents in a medical malpractice case. In ruling on Relator Joyce Barnes’ motion to compel production, Respondent, Judge John Whitting-ton, found that documents requested from Midway Park General Hospital were privileged committee records under Tex.Rev. Civ.Stat.Ann. art. 4447d § 3 (Vernon Supp. 1988). Barnes seeks a writ of mandamus directing the district court to rescind its order that most of the documents are protected from discovery. We hold that the trial court abused its discretion and therefore…