CAROLAN v. HILL

No. 95-1030.

553 N.W.2d 882 (1996)

James CAROLAN, Individually and as Next Friend of His Children, Brenda L. Carolan, Christine M. Eddy, and Mary Carolan, Appellants, v. Donal D. HILL, Winn H. Gregory, Medical Arts Clinic, and Jefferson County Hospital, Appellees.

Supreme Court of Iowa.

Rehearing Denied October 22, 1996.


Attorney(s) appearing for the Case

James P. Hayes, Paul J. McAndrew, Jr. and Steven A. Michalek of Meardon, Sueppel, Downer & Hayes, P.L.C., Iowa City, for appellants.

Randall C. Stravers and Marion H. Pothoven of Pothoven, Blomgren & Stravers, Oskaloosa, for appellees Hill, Gregory and Clinic.

Margaret P. Winegarden and Richard M. Tucker of Phelan, Tucker, Mullen, Bright & Walker, L.L.P., Iowa City, for appellee Hospital.

Richard J. Sapp and Darci L. Frahm of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O'Brien, Des Moines, for amicus curiae Iowa Medical Society.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.


ANDREASEN, Justice.

In this medical malpractice action, James Carolan1 sued Donal D. Hill, D.O., Winn H. Gregory, M.D., Medical Arts Clinic, and Jefferson County Hospital (defendants) for an ulnar nerve injury he allegedly suffered during surgery. We find the district court did not abuse its discretion in ruling that the peer review records in question were not discoverable and in excluding...

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