Scripps Memorial Hospital v. Superior Court

Opinion

NARES, J.

The issue before us is whether the statutory prohibition against the discovery of records of hospital staff committees applies when the records are sought to impeach an expert called to testify in a criminal trial. We hold Evidence Code1 section 1157, subdivision (a) provides a broad privilege against the discovery of such records; and, although later enacted subdivision (e) opens the door to discovery in a criminal action, subdivision (e) is limited on its face to records of certain classes of caregivers added to the statute after the passage of Proposition 8. We believe any…