Novotny v. Sacred Heart Health Services

SEVERSON, Justice.

[¶ 1.] In this action against various health organizations and individuals involved at those organizations, Plaintiffs moved to compel production of peer review materials and asked the circuit court to fínd SDCL 36-4-26.1, which grants privilege to peer review materials, unconstitutional. The circuit court determined that the statute was constitutional but only if it applied a “crime-fraud exception.” It determined that the exception had been met and ordered Defendants to produce, without in camera review, “objective information gathered or considered by the peer review…