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Dorris v. Detroit Osteopathic Hospital Corp.6/9/1999
ine was administered, Dorris had an apparent anaphylactic reaction to the drug. Dorris' condition later stabilized, and she was discharged within twenty-four hours. Dorris claimed that she had refused the Compazine because she had a history of allergic reactions to medicines. Dorris alleged that she instead requested Lomatil, which she previously had taken without incident, but Dr. Lusk refused her request. Dorris stated that she also told the nurse who put Compazine into the intravenous bag that she did not want the medicine.
Dorris filed suit in March 1994 and alleged that the hospital's employee negligently administered Compazine in violation of the standard of care for an emergency room physician and against Dorris' specific instructions. Dorris' complaint alleges damages for the allergic reaction, as well as pain, suffering, humiliation, and great emotional and mental distress. Dorris' husband alleges damages as a result of loss of consortium.
Dorris claims that the patient who shared her hospital room witnessed Dorris' refusals of Compazine. During discovery, plaintiff moved to compel defendant to disclose the name of that patient. The circuit court granted the motion. The Court of Appeals reversed. 220 Mich App 248; 559 NW2d 76 (1996). The Court of Appeals based its holding on Schechet v Kesten, 372 Mich 346, 351; 126 NW2d 718 (1964). In Schechet, this Court stated that MCL 600.2157; MSA 27A.2157 "prohibits the physician from disclosing, in the course of any action wherein his patient or patients are not involved and do not consent, even the names of such noninvolved patients."
Plaintiff Dorris appeals the decision of the Court of Appeals. 457 Mich 866 (1998).
B. Gregory v Heritage Hospital
In her complaint, plaintiff Eloise Gregory alleges that she was the victim of an assault and battery occurring while she was a patient at defendant Heritage Hospital on May 13, 1997. She claims that she was awakened because of a physical altercation between her roommate and another patient from across the hall. Gregory alleges that she was grabbed by defendant Jane Doe who pushed her to the ground and beat her, causing her to lose consciousness and sustain serious injuries. Additionally, Gregory alleges breach of contract by Heritage. Gregory argues that this contract gave rise to a duty of Heritage to protect patients while under its care. Gregory also alleges that Heritage had inadequate staffing to supervise and monitor the behavior of the patients under its psychiatric care.
Gregory served Heritage with interrogatories and a request for production of documents that included: any incident/investigative reports relating to the incident; any statements made by any person with respect to the incident; and any notes, memoranda, records, and reports related to the incident.
Heritage objected to the discovery requests. In lieu of answering the complaint, Heritage filed three motions for summary disposition. Gregory subsequently filed a motion to compel discovery. Heritage's motions for summary disposition were in large part denied, and Gregory's motion to compel discovery was granted. Heritage was ordered to provide Gregory with answers to her interrogatories; the incident report involving Jane Doe; Jane Doe's full name, last known address, telephone number, social security number, or date of birth; any investigative reports relative to the incident report; any statements made by any person with respect to the incident; and any notes, memoranda, records, and reports related to the incident.
Heritage applied for leave to appeal in the Court of Appeals, which was denied. This Court granted Heritage's application for leave t
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