This Note will examine the impact of the Shelton decision on requests for the production of hospital records. The Note will emphasize the application of Shelton to corporate negligence actions against a hospital for breach of a duty owed by the hospital directly to the patient. The Note will suggest that, although the Shelton court limited the availability of discovery, diligent plaintiffs may find trial courts less likely to allow a blanket privilege for hospitals claiming immunity from discovery for records conveniently labeled as products of medical review committees. This Note will argue that the plaintiff in a corporate negligence action against a hospital should be entitled to discover the information that was available to a medical staff review committee at the time of its evaluation.
G. Bruce Park, Civil Procedure - Discovery of Medical Records in a Corporate Negligence Action - Shelton v. Morehead Memorial Hospital, 10 Campbell L. Rev. 193 (1987).