Marcus v. Superior Court

Opinion

FILES, P. J.

Petitioners here are a doctor of medicine and a hospital who are defendants in a malpractice action brought against them in the superior court. They ask us to set aside a discovery order upon the ground that it violates the physician-patient privilege. We have concluded that the order is improper, that the issue is of some importance not so much to the parties as to third persons whose privacy is at stake, that an appeal would afford no remedy at all, and that a writ of prohibition is under the circumstances appropriate relief. (See Oceanside Union School Dist. v. Superior…