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10/19/93 STATE EX REL. ST. ANTHONY'S MEDICAL CENTER

October 19, 1993

STATE EX REL. ST. ANTHONY'S MEDICAL CENTER, RELATOR,
v.
HONORABLE RICHARD F. PROVAZNIK, DIVISION 16, ST. LOUIS COUNTY CIRCUIT COURT, RESPONDENT.



Writ of Prohibition.

Carl R. Gaertner, Judge, Paul J. Simon, J., and Lawrence G. Crahan, J., concur.

The opinion of the court was delivered by: Gaertner

St. Anthony's Medical Center (St. Anthony's) seeks our writ prohibiting the respondent circuit Judge from enforcing his order directing St. Anthony's to answer certain interrogatories. We issued a preliminary writ which we now make permanent.

The underlying action is a suit for damages allegedly caused by medical malpractice. Plaintiffs, Tammy and Marty Krull, allege Dr. Osias Almiron negligently performed a laparoscopic cholecystectomy upon Tammy Krull at St. Anthony's Medical Center. Plaintiffs filed certain interrogatories and a motion to produce a copy of a study reported to a hospital committee regarding laparoscopic cholescytectomies. Respondent sustained St. Anthony's objection to the motion to produce on the basis of § 537.035 RSMo. 1986, the Peer Review Statute. However, respondent ordered St. Anthony's to answer the following interrogatories:

9. Was a report of any matter relating to the treatment of Plaintiff (pertaining to the occurrence alleged in Plaintiffs' complaint) made to any hospital official, medical society or other medical committee or organization? If so, for each such report, please state:

(a) The date it was made.

(b) The name and address and capacity of the person to whom it was made.

(c) The reason it was made.

(d) Whether written or oral.

10. Was any meeting held by any hospital or medical society at which any occurrence complained of in this action was discussed?

If so, for each such meeting, please state:

(a) The date, time and place it was held.

(b) The name and address of the person who convened it, and in what ...


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