Hammond v. SainiAnnotate this Case
Plaintiff filed a complaint against Defendants, including Cumberland County Health System, Inc. (CCHS), seeking damages based upon negligence after an accidental fire during a surgery caused first and second degree burns to Plaintiff. Plaintiff filed motions to compel discovery of certain documents in the possession of CCHS. Defendants claimed the documents were shielded from discovery by N.C. Gen. Stat. 131E-95, which protects the “proceedings of a medical review committee, the records and materials it produces and the materials it considers.” The trial court disagreed with Defendants and granted the motions. The Court of Appeals affirmed, concluding that section 131E-95 did not apply because Defendants had not shown that the withheld documents were part of a medical review committee’s proceedings, were produced by a medical review committee, or were considered by a medical review committee as required by the statute. The Supreme Court affirmed, holding that CCHS failed to demonstrate the existence of a medical review committee within the meaning of the statute, and therefore, the documents were not shielded from discovery on this basis.