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MURPHY v. WOOD

No. 14434.

667 P.2d 859 (1983)

105 Idaho 180

Alyce MURPHY and Bill Murphy, wife and husband, Plaintiffs-Respondents, v. Dr. Frederick L. WOOD, III, and Dr. S.J. Kassis, Defendants-Appellants, and Joe Dokes I Through V, the Cassia Memorial Tumor Board, John Does I Through XXX, the Cassia Memorial Hospital and Medical Center, Intermountain Health Care Services, Inc., and ABC Corporation, Defendants-Respondents.

Court of Appeals of Idaho.

July 27, 1983.

Attorney(s) appearing for the Case

Richard C. Fields of Moffatt, Thomas, Barrett & Blanton, Boise, for defendant-appellant, Kassis.

J. Robert Alexander of Benoit & Alexander, Twin Falls, for defendant-appellant, Wood.

Steven A. Tuft of Church, Church, Snow & Tuft, Burley, for defendants-respondents, Cassia Memorial Tumor Bd., Cassia Memorial Hosp. and Medical Center, Intermountain Health Care Services, Inc.

Kenneth L. Pedersen and Brent H. Nielson of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for plaintiffs-respondents, Murphy.

SWANSTROM, Judge.

In 1973 the Idaho Legislature enacted a medical privilege and immunity statute offering protection from disclosure and use at trial of certain records of in-hospital medical staff committees and medical societies engaged in research, discipline and medical study. Now two doctors, who are being sued in a malpractice action, are trying to overcome the statutory privilege so they might be able, at trial, to introduce evidence favorable to their defense...

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