TIBBS v. BUNNELL

No. 2012-SC-000603-MR.

448 S.W.3d 796 (2014)

Phillip TIBBS, M.D., et al., Appellants v. Hon. Kimberly N. BUNNELL, (Judge, Fayette Circuit Court), Appellee and Estate of Luvetta Goff, et al., Real Parties in Interest.

Supreme Court of Kentucky.

As Corrected September 10, 2014.

Rehearing Denied December 18, 2014.


Attorney(s) appearing for the Case

Bradley A. Case , Stephen Joseph Mattingly , Counsel for Appellants.

Kimberly Nell Bunnell, pro se Counsel for Appellee.

Herman Michael Lucas , Counsel for Real Parties in Interest.

Leroy E. Sitlinger, Jr. , Paul E. Dwyer, Jr. , Margaret Binzer , Counsel for Amici Curiae, The Alliance for Quality Improvement and Patient Safety, Inc.; The Patient Safety Research Foundation, Inc.; Verge Patient Safety Organization; The PSO Advisory, LLC; and the Hospital Association of Rhode Island.

Dean T. Wellman , Counsel for Amici Curiae, Kentucky Hospital Association and American Hospital Association.

Martin Allen Arnett , James W. Hutchison , Michael R. Callahan , Counsel for Amicus Curiae, University Healthsystem Consortium Performance Improvement PSO.

Martin Allen Arnett , Counsel for Amici Curiae, The American Medical Association; The Kentucky Medical Association; AABB's Patient and Donor Safety Center; Anesthesia Quality Institute; California Hospital Patient Safety Organization; Carolinas Healthcare System Patient Safety Organization; Carolinas Rehabilitation — Patient Safety Organization; Child Health PSO, LLC; Clarity PSO; CHS PSO; ECRI Institute PSO; Healthcare Improvement Patient Safety Organization of Alabama, Inc.; Institute for Safe Medication Practices; MEDNAX PSO, LLC; Missouri Center for Patient Safety; NC Quality Center PSO; Psychsafe; QA to QI LLC; Quantros Patient Safety Center; Schumacher Group Patient Safety Organization, Inc.; Society of Hospital Medicine PSO; The Midwest Alliance for Patient Safety; The Illinois Hospital Association; The Metropolitan Chicago Healthcare Counsel; Society for Vascular Surgery Patient Safety Organization, LLC; and Quality Circle for Healthcare.

Beth Hendrickson McMasters , Sara Elizabeth Collins , Counsel for Amici Curiae, University Medical Center, d/b/a University of Louisville Hospital and James Graham Brown Cancer Center.


Appellants, Phillip Tibbs, M.D., Joel E. Norman, M.D., and Barrett W. Brown, M.D., petitioned the Court of Appeals for a writ of prohibition directing the Fayette County Circuit Court to prohibit the production of an "incident" or "event" report created after the death of patient Luvetta Goff, arguing that...

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