WESLEY MEDICAL CENTER v. CLARK

No. 55,338

234 Kan. 13 (1983)

669 P.2d 209

THE WESLEY MEDICAL CENTER, Petitioner, v. HONORABLE PAUL W. CLARK, JUDGE 18TH JUDICIAL DISTRICT OF THE STATE OF KANSAS, SEDGWICK COUNTY, POSITION F; AND EDWARD LESTAGE AND TONIE LESTAGE, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF JOSHUA LESTAGE, DECEASED; AND MEDO MIRZA, M.D., Respondents.

Supreme Court of Kansas.

Opinion filed September 12, 1983.


Attorney(s) appearing for the Case

James R. Hanson, of Boyer, Donaldson & Stewart, of Wichita, argued the cause, and Kenneth P. Stewart and John H. Gibson, of the same firm, were with him on the brief for petitioner.

Gerald L. Michaud, of Michaud, Cordry, Michaud, Hutton & Hutton, Chartered, of Wichita, argued the cause, and Andrew W. Hutton and Dwight A. Corrin, of the same firm, were with him on the brief for respondents, Edward LeStage and Tonie LeStage.

Eldon L. Boisseau, of Turner & Boisseau, Chartered, of Wichita, argued the cause and was on the brief for respondent, Medo Mirza, M.D.

Wayne T. Stratton and Harold S. Youngentob, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, were on the brief for the amicus curiae, Kansas Hospital Association.


The opinion of the court was delivered by

HOLMES, J.:

This is an original action in mandamus filed by The Wesley Medical Center (Wesley) seeking an order to compel the trial judge in a medical malpractice action to deny discovery of medical staff committee meeting minutes and other information in the possession of and belonging to the petitioner, Wesley. It is the position of Wesley that the documents sought are privileged...

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