St. Alexius Medical Center v. Nesvig, et al.
Annotate this CaseSt. Alexius Medical Center, d/b/a CHI St. Alexius Health Bismarck, requested a supervisory writ preventing enforcement of the district court’s order compelling disclosure of privileged information. Kevin McKibbage sued Daniel Dixon, Bone & Joint Center, and CHI for medical malpractice relating to a surgery Dixon performed in 2017. In response to McKibbage’s discovery requests, CHI produced some of the requested documents and asserted privileges on others. CHI provided a privilege log identifying undisclosed documents and the privileges claimed. McKibbage filed a motion to compel arguing CHI did not provide sufficient information in the privilege log. CHI responded that it identified all the information it could without violating the peer review law, but CHI agreed to produce an amended privilege log containing greater descriptions. The district court found the law permitted the disclosure of additional information and ordered the following to be disclosed: the dates the documents were created, the identity of the person who created each document and their position at the time of creation, and the identity of the person who received each document and their position for peer review. CHI argued to the North Dakota Supreme Court that the disclosures violated North Dakota’s statutory peer review privilege. The Supreme Court granted CHI's petition and directed the district court to vacate its November 8, 2021 discovery order.
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