Legal Opinion

Commonwealth Board of Registration in Medicine v. Sturdy Memorial Hospital, Inc.

Massachusetts Superior Court

Decided December 12, 2011No. MICV201104006CPublished

1Opinion of the Court

Leibensperger, Edward P.,

J. The Massachusetts Board of Registration in Medicine (“Board”) seeks to enforce an investigative subpoena issued to Sturdy Memorial Hospital, Inc. (“Sturdy”) seeking production of documents related to John Doe, D.O.1 Sturdy objects to producing certain handwritten notes (the “Notes”) created by its medical director concerning Dr. Doe on the ground that the Notes are protected from discovery by the Board pursuant to the medical peer review privilege contained in G.L.c. Ill, §204(a). The Board, in contrast, asserts that the Notes are protected by the medical peer…

2Cases cited3 opinions

  1. Carr v. HowardMassachusetts Supreme Judicial Court · 1998
  2. Beth Israel Hospital Ass'n v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1987
  3. Board of Registration in Medicine v. Hallmark Health Corp.Massachusetts Supreme Judicial Court · 2009

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