In Re Methodist Hospital

OPINION

MIRABAL, Justice.

In this original proceeding, we must determine whether certain documents containing data relating to hospital infection rates are exempt from discovery under Tex. Health & Safety Code Ann. § 161.032 (Vernon Supp. 1998), or Tex.Rev.Civ. Stat. Ann. art. 4495b, § 5.06 (Vernon Supp.1998). The decisive issue is whether the trial court abused its discretion in concluding the documents are discoverable under an exception to privilege because they were “made or maintained in the regular course of business by a hospital.”

Relator, The Methodist Hospital (Methodist), seeks…