CARR v. HOWARD; NEW ENGLAND DEACONESS HOSPITAL CORP


426 Mass. 514 (1998)

JOHN F. CARR v. MARJORIE A. HOWARD, administratrix; NEW ENGLAND DEACONESS HOSPITAL CORP., third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

January 22, 1998.


Attorney(s) appearing for the Case

Robert P. Powers (Matthew J. Kadnar with him) for New England Deaconess Hospital Corp.

Michael A. West for John F. Carr.

Edmund P. Daley for Marjorie A. Howard, was present but did not argue.

The following submitted briefs for amici curiae:

James T. Hilliard & Jason R. Talerman for The Massachusetts Psychiatric Society.

Fredric J. Entin & James A. Henderson, of Illinois, & Scott L. Robertson & Virginia H. Hackney, of Virginia, for American Hospital Association.

Carl Valvo, Thomas R. Kiley, Matthew L. Schemmel & Michael J. Kelly, for The Professional Liability Foundation. Ltd.

John J. St. Andre, Jr., & Edwin L. Wallace for Massachusetts Academy of Trial Attorneys.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


FRIED, J.

This case presents the question whether, during the discovery process, the confidentiality provisions of G. L. c. 111, §§ 204 and 205, preclude in camera review of "incident reports" by a trial judge to determine whether the medical peer review committee privilege of § 204 applies. We hold that in camera review is not appropriate in this case.

I

On July 22, 1993, Stanley W. Howard (Howard), a psychiatric patient at New England...

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