Ligouri v. Wyandotte Hospital and Med. Ctr.

Ligouri v. Wyandotte Hospital and Med. Ctr.,
No. 227245 (Mich. Ct. App. Oct. 4, 2002)

The
Michigan Court of Appeals held that investigative reports concerning a patient’s
fall in her room were protected from discovery by the state statute protecting
"professional review functions" of hospitals.

A patient who sustained head injuries after falling in her hospital room sued
the hospital for negligence. During discovery, she requested copies of any written
reports, investigations or statements made concerning the circumstances of her
fall. The trial court ordered that the information be provided to the plaintiff,
reasoning that the statute protecting "professional review functions"
only applied in malpractice cases, not negligence suits. The Court of Appeals
reversed the trial court, noting that the plain language of the statute stated
that information related to professional review functions is not discoverable
in any type of action.