CARONDELET HEALTH NETWORK v. MILLER

No. 2 CA-SA 2009-0019.

212 P.3d 952 (2009)

CARONDELET HEALTH NETWORK dba St. Joseph's Hospital, an Arizona corporation, Petitioner, v. Hon. Michael MILLER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Mary K. Atteberry, individually, as the surviving wife of Dudley E. Atteberry, deceased, and on behalf of Joel T. Atteberry, Daniel L. Atteberry, Nathanael S. Atteberry, and Timothy L. Atteberry, the surviving children of Dudley E. Atteberry, deceased, and all other statutory beneficiaries of Dudley E. Atteberry, deceased; Keun Hyuk No and Eun Joo No, husband and wife; Travmed USA, Inc., a North Carolina corporation; and Inpatient Medical Consultants, P.L.L.C., an Arizona professional limited liability company, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department B.

June 12, 2009.


Attorney(s) appearing for the Case

Mesch, Clark & Rothschild, P.C. by Richard Davis, Scott H. Gan, and Gary J. Cohen, Tucson, Attorneys for Petitioner.

Law Office of Carter Morey by Gregory G. Wasley, Tucson, Attorneys for Real Party in Interest, Mary K. Atteberry.


OPINION

VÁSQUEZ, Judge.

¶ 1 In this special action, petitioner Carondelet Health Network challenges the respondent judge's order requiring Carondelet to disclose the name, address, and telephone number of a hospital patient who, while sharing a room with fellow patient Dudley Atteberry, witnessed events that preceded Dudley's death. Carondelet claims the physician-patient privilege bars disclosure of the witness's identity.

¶...

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