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OCME v. DOVER BEHAVIORAL HEALTH SYSTEM

No. 483, 2008.

976 A.2d 160 (2009)

OFFICE OF the CHIEF MEDICAL EXAMINER, Plaintiff Below-Appellant, v. DOVER BEHAVIORAL HEALTH SYSTEM, Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: June 30, 2009.

Attorney(s) appearing for the Case

A. Ann Woolfolk, Esquire, (argued) of the Department of Justice, Wilmington, DE, for appellant.

Norman H. Brooks, Jr., Esquire, (argued) of Marks, O'Neill, O'Brien & Courtney, Wilmington, DE, for appellee.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.

RIDGELY, Justice:

Plaintiff-Appellant, the Office of the Chief Medical Examiner ("OCME"), appeals from the Superior Court's denial of its motion to compel Defendant-Appellee Dover Behavioral Health System ("DBHS") to comply with an administrative subpoena for records and documents pertaining to the death of Joseph Heverin. The Superior Court held that the requested documents were protected by the peer review privilege. OCME raises three arguments on appeal. First...

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