LOWY v. PEACEHEALTH

No. 85697-4.

280 P.3d 1078 (2012)

174 Wn.2d 769

Leasa LOWY, Respondent, v. PEACEHEALTH, a Washington corporation; St. Joseph Hospital, Petitioners, and Unknown John Does, Defendants.

Supreme Court of Washington, En Banc.

Decided June 21, 2012.


Attorney(s) appearing for the Case

Mary H. Spillane , Daniel W. Ferm , Williams Kastner & Gibbs, PLLC, John Coleman Graffe, Jr. , Johnson Graffe Keay Moniz, Seattle, WA, for Petitioners.

Joel Dean Cunningham , J. Andrew Hoyal, II , Luvera Law Firm, Seattle, WA, Michael Jon Myers , Michael J. Myers, PLLC, Spokane, WA, for Respondent.

Michael F. Madden , Bennett Bigelow & Leedom, PS, Seattle, WA, amicus counsel for Group Health Cooperative, Multicare Health System, Providence Health & Services, Seattle Children's Hospital, Swedish Health Services, The Washington State Hospital Association.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Albrecht, PLLC, Moses Lake, WA, amicus counsel for Washington State Association for Justice Foundation.


CHAMBERS, J.

¶ 1 This case presents the issue of whether, in civil litigation, a party may decline to produce requested discoverable information on the basis that to locate the information would require consulting privileged documents. A hospital seeks a protective order to prevent it from being required to review its quality assurance records to identify discoverable medical records in a medical negligence suit. Our policy favoring open discovery requires that...

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