McGrath v. Baylor University Medical Center

McGrath v. Baylor University Medical Center,
No. 05-99-00457-CV (Tex. App.-Dallas August 29, 2000)

Plaintiffs sued hospital
and obstetrician after the second of their twin daughters was born with severe
brain damage. The physician settled and the claims against the hospital were
dismissed. The plaintiffs appealed. The Texas Court of Appeals held that hospital
documents relating to action taken in connection with the physician’s alleged
substance abuse, sought by the plaintiffs to prove a negligent credentialing
claim, were peer review documents protected from discovery by the Texas Medical
Practice Act. The court also upheld the trial court’s decision to limit the
discovery of the physician’s medical records to the five-year period leading
up to the incident. The court dismissed all claims against the hospital except
for the claim of nursing incompetence, which it remanded for further proceedings.