In re Memorial Hermann Hosp. Sys. (Opinion)Annotate this Case
Plaintiff was a cardiothoracic surgeon who practiced at Memorial Hermann Memorial City Medical Center until 2012. When Plaintiff agreed to practice at Methodist West, Defendants - Memorial Hermann and certain healthcare practitioners - began conducting a “whisper campaign” against Plaintiff to cast doubt on Plaintiff’s heart surgery procedures. Plaintiff brought suit, asserting claims for business disparagement, defamation, tortious interference with prospective business relationship, and improper restraint of trade. When Plaintiff moved to compel the production of certain documents, Memorial Hermann asserted the documents were protected from discovery under the medical committee privilege and the medical peer review committee privilege. The trial court ordered Defendants to produce the documents. After the court of appeals denied Defendants’ petition for writ of mandamus, Defendants sought mandamus relief in the Supreme Court. The Supreme Court conditionally granted mandamus relief as to some of the documents that the Court determined were protected but denied relief as to the remainder of the documents, holding that they were not confidential under either the medical committee privilege or the medical peer review committee privilege.