Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Medical Records – Nonparties

Brewer v. Hunter (Lawyers Weekly No. 14-07-0839, 14 pp.) (Mark Davis, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App.

Holding: After surgical complications confined the plaintiff-patient to a wheelchair, he sought to discover the operative notes and discharge summaries related to 44 other operations performed by the defendant-surgeon. The careful consideration that the trial court gave to this issue was evidenced by its decision to (1) require the production of only 25 of the 44 patient records requested, (2) provide for the redaction of information that could reveal the identity of the patients whose records were being produced, and (3) recognize the potential need of the parties to obtain an in camera inspection of any portions of the records to be produced containing other personal or sensitive information that could potentially require redaction. Defendants have not shown that the trial court abused its discretion.

We affirm the trial court’s order compelling discovery.

Where defendants argue that the documents at issue are immune from discovery based on the privilege set out in G.S. § 8-53, which governs the discoverability of a patient’s medical records, the challenged order affects a substantial right and is immediately appealable.

Defendants contend that the production of nonparty medical records should be compelled only in exceptional circumstances. However, § 8-53 leaves the discoverability of all patient records within the discretion of the trial court based upon whether the court believes the disclosure of records is “necessary to a proper administration of justice.”