Appalachian Regional Health Care, Inc. v. Johnson

SPAIN, Justice.

Appellants appeal as a matter of right, from a Court of Appeals order denying a writ of prohibition under CR 76.86. The question for this Court is whether the Court of Appeals correctly denied appellants’ Petition for a Writ of Prohibition even though KRS 311.-377 specifically proscribes the discovery of Peer Review documents “in any civil action, in any court.”

On January 4, 1991, the appellant, Florias Andrew Morfesis, M.D., removed Sheila Potter’s gall bladder and, in so doing, allegedly created complications resulting in numerous corrective, intrusive, and complicated…