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DeSANTIS v. SIMON

No. 08SA321.

209 P.3d 1069 (2009)

Gennaro DeSANTIS, individually and as representative of the Estate of Virginia DeSantis; Pamela Buckner; Terry Elliott; and Cynthia Naeb, Plaintiffs v. John S. SIMON, M.D. and Michael Fenoglio, M.D., Defendants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 22, 2009.

Attorney(s) appearing for the Case

The Viorst Law Offices, P.C., Anthony Viorst, Denver, Colorado, Attorneys for Plaintiffs.

Pryor Johnson Carney Karr Nixon, P.C., David D. Karr, Donald E. Lake, Greenwood Village, Colorado, Attorneys for Defendant John S. Simon, M.D.

No appearance by or on behalf of Defendant Michael Fenoglio, M.D.

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Diana E. Black, Deputy Attorney General, Ilene Wolf Moore, First Assistant Attorney General, Charmaine C. Rose, Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae Colorado Board of Medical Examiners.

Justice HOBBS delivered the Opinion of the Court.

We issued a rule to show cause under C.A.R. 21 in this original proceeding to determine whether the trial court abused its discretion in requiring a doctor in a medical malpractice case to produce all documents in his possession connected with a Colorado State Board of Medical Examiners ("BME") investigation of him.1 The BME has twice investigated the doctor; the second investigation commenced...

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