SUN HEALTH CORP. v. MYERS

No. 1-CA-SA 03-0018.

70 P.3d 444 (2003)

205 Ariz. 315

SUN HEALTH CORPORATION d/b/a Boswell Memorial Hospital and d/b/a Walter O. Boswell Memorial Hospital, Petitioner, v. The Honorable Robert D. MYERS, Judge of the Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, Edwin S. North, surviving spouse of Beverly North, on his own behalf and on behalf of the natural children of Beverly North, namely Daniel E. North, Lawrence M. North, Gary A. North, and Sandra J. Hix, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

Redesignated as Opinion and Amended June 12, 2003.


Attorney(s) appearing for the Case

Shughart Thomson & Kilroy, P.C., by Calvin L. Raup and Rudolph J. Gerber, Michael R. Golder, Phoenix, Attorneys for Petitioner.

Broening Oberg Woods Wilson & Cass, P.C., by James R. Broening and Lora B. Sanders, Phoenix, Attorneys for Petitioner Fernando Casses, M.D.

Sanders & Parks, P.C., by Winn L. Sammons and Robin E. Burgess, Phoenix, Attorneys for Petitioner Kevin Zarmer, M.D.

Leonard, Clancy & McGovern, P.C., by James J. Leonard, Jr. and Kenneth P. Clancy, Thomas P. McGovern, Tyrone Mitchell, Brian T. Leonard, Phoenix, Attorneys for Real Parties in Interest.

Coppersmith Gordon Schermer Owens & Nelson, P.L.C., by Andrew S. Gordon, Phoenix, Attorneys for Amicus Curiae Arizona Hospital and Healthcare Association.

Snell & Wilmer L.L.P., by Barry D. Halpern and Stephanie V. Hackett, Phoenix, Attorneys for Amicus Curiae Arizona Medical Association.


OPINION

LANKFORD, Judge.

¶ 1 This special action by Sun Health Corporation ("the hospital") seeks to prevent the disclosure of certain hospital documents.1 The documents involved are the statement of reasons the hospital suspended the staff privileges of Dr. Casses and medical charts submitted to the Arizona Board of Medical Examiners ("BOMEX") in connection with his suspension.2 The hospital...

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