Hahnemann University Hosp. v. Edgar, 95-1667
| Decision Date | 16 January 1996 |
| Docket Number | No. 95-1667,95-1667 |
| Citation | 74 F.3d 456 |
| Parties | HAHNEMANN UNIVERSITY HOSPITAL, Petitioner v. Charles C. EDGAR and Laura D.G. Edgar, conservators of the person and estate of Shane Edgar, and Charles C. Edgar and Laura D.G. Edgar, in their own rights, Respondents The Honorable Raymond J. Broderick, United States District Judge, Nominal Respondent. |
| Court | U.S. Court of Appeals — Third Circuit |
Sharon M. Reiss (argued), Kimberly A. Cummings, Sheila A. Haren, Post & Schell, P.C., Philadelphia, PA, for Petitioner.
Fred T. Magaziner (argued), Jill L. Russin, Dechert, Price & Rhoads, Philadelphia, PA, for Respondents.
Before: GREENBERG and COWEN, Circuit Judges, and PARELL, District Judge. *
Respondents Charles C. Edgar and Laura D.G. Edgar sued Hahnemann University Hospital as conservators of the person and estate of their daughter, Shane Edgar, and in their own right, alleging that the hospital acted with gross negligence and willful misconduct when it failed to protect Shane Edgar from being raped forcibly by two male patients. 1 During discovery, the Edgars requested the patient charts of the two male patients who allegedly raped Shane Edgar. The hospital objected on the grounds that the documents were confidential and that it could not comply with the request without violating the Pennsylvania Mental Health Procedures Act, Pa.Stat.Ann. tit. 50, Sec. 7101, et seq. (Purdon's Supp.1995) ("MHPA"). The district court entered a series of orders requiring Hahnemann to provide the court with copies of all documents in its possession concerning the two male patients for an in camera review, with possible disclosure of the information to the parties, their counsel, and their experts, for use at trial. Hahnemann filed a petition for a writ of mandamus in this court, seeking immediate review of the district court's orders. We will grant Hahnemann's petition for mandamus.
On March 19, 1993, Shane Edgar was admitted to the Psychiatric Medical Care Unit of Hahnemann University Hospital in Philadelphia, Pennsylvania, for observation and evaluation. That same day, an involuntarily committed male psychiatric patient sexually harassed Shane; Hahnemann allegedly became aware of the incident. That night, the same male patient, along with another involuntarily committed male psychiatric patient, raped Shane in the bathroom of her room. 2
Charles and Laura Edgar filed an action on behalf of their daughter and themselves against Hahnemann, alleging that the hospital negligently failed to protect their daughter from the sexual assault. Because notice of the danger may be germane to their cause of action under Pennsylvania law, the Edgars sought discovery from Hahnemann of any information that would demonstrate that it was on notice of the two male patients' propensity for sexual assault. Specifically, they sought the patient charts of the two men. The hospital objected on the grounds that the documents were confidential and that it could not comply with the request without violating the MHPA. After the Edgars moved for sanctions, the district court held a conference in an attempt to resolve the dispute. On April 19, 1995, the district court denied the Edgars' motion and directed that if the dispute was not resolved they could file a more specific set of requests for documents, limited by the MHPA.
After a final pretrial conference held on May 4, 1995, the Edgars filed a motion to compel the production of various documents, including the patient charts of the two male patients and/or entries on their charts made by a mental health worker, and the incident reports regarding the rape. Again, Hahnemann objected on the grounds that the confidentiality of the documents required protection under the MHPA. At the same time, the hospital pointed out that redacting the patients' names from the charts would not protect the documents' confidentiality because the Edgars had information that would allow them to deduce which report belonged to which patient.
On May 11, 1995, the district court, pursuant to section 111 of the MHPA, Pa.Stat.Ann tit. 50, Sec. 7111, denied the Edgars' request for the records. The court also denied the motion to compel the notes and chart entries of the mental health technician on duty the night of the attack. The court did, however, order Hahnemann to produce any "incident reports" created as a result of the attack, and further ordered that:
In the event that the only incident reports prepared by [the mental health technician] are contained in one or both of the treatment records of the male patients involved in the subject incident, the defendant shall ... submit the treatment records of these two patients to the Court, in camera, for a determination as to whether Sec. 7111 of the MHPA prohibits the discovery of said reports.
App. at 133. Hahnemann later informed the court by letter that it had disclosed all "incident reports" to the Edgars, and that an in camera inspection would not be necessary because the mental health technician involved had not prepared such a report.
The Edgars filed a motion for reconsideration of the May 11 order, emphasizing again that they were seeking information as to whether the hospital should be held liable for the rape and that they would be willing to accept documents edited so as to obscure the identity of the patients. In response, Hahnemann argued that the MHPA was so broad that even disclosure of the records to the district court for an in camera inspection was prohibited. Further, it reiterated its argument that "[the Edgars] are in possession of information regarding these two patients which would unfailingly allow them to identify which records pertain to which man, regardless of redaction." App. at 167. On July 10, 1995, the district court entered an order stating that its May 11, 1995 order denying the Edgars access to the patient charts remained in full force and effect and requiring the parties to appear for a conference in chambers on July 17, 1995, to discuss the following:
[W]hether, in the interest of justice, methods might be employed to maintain the confidentiality of documents covered by Sec. 7111 of the MHPA in the event the Court should order documents concerning the treatment of the two male patients who allegedly attacked plaintiff Shane Edgar turned over to the Court for a determination as to whether said documents contain any matter which should have put the defendant on notice.
Edgar v. Hahnemann Univ. Hosp., No. 94-3515 (E.D.Pa. July 10, 1995). On the same day, the district court entered an order clarifying the meaning of "incident reports" and reiterating its requirement for the production of such reports, including the in camera inspection of the patients' records if such reports were included therein.
At the July 17, 1995 conference, the court decided that the hospital should deliver to it copies of all documents regarding the two male patients so that it could determine whether they contained information bearing on the liability of the hospital. The court thereafter directed the parties to submit proposed orders providing for the court to view the documents in camera. In response to the court's request, Hahnemann supplied it with a proposed order requiring disclosure of the medical records in camera but also containing certification language pursuant to 28 U.S.C. Sec. 1292(b) and Fed.R.App.P. 5, designed to allow immediate appeal from an interlocutory order. The court then entered an order on July 18, 1995, which did not adopt the section 1292(b) certification language but read as follows:
Within five days ... Hahnemann University Hospital shall deliver to the court copies of all documents (including medical and psychiatric records as well as documents relating to involuntary commitment) in its possession concerning each of the two male patients who allegedly attacked Shane Edgar on March 19, 1993. The Court shall make every effort to maintain the confidentiality of the documents as prescribed by 50 P.S. Sec. 7111, 42 P.S. Sec. 5944, 42 P.S. Sec. 5929 and 28 Pa.Admin.Code Sec. 103.22(b)(4) and shall review the documents in camera for the sole purpose of determining whether the documents contain information relevant to the issue of the standard of care the hospital owed Shane Edgar to insure her safety and well being while she was a patient. In the event the court determines that these documents do contain information relevant to the issue of the standard of care the hospital owed Shane Edgar to insure her safety and well being while she was a patient, the Court will direct counsel to make an effort to agree on a procedure to be employed during the trial of this case which will maintain the confidentiality of documents and will permit the use of the information....
Edgar v. Hahnemann Univ. Hosp., No. 94-3515, slip op. at 2 (E.D.Pa. July 18, 1995). When Hahnemann failed to comply with this order, the Edgars moved the court to hold it in contempt.
On August 8, 1995, Hahnemann filed a petition for a writ of mandamus in this court under the All Writs Act, 28 U.S.C. Sec. 1651(a), seeking to compel the district court to withdraw its July 10 and 18, 1995 orders. Two days later, Hahnemann asked the district court to stay all proceedings before it pending our disposition of the mandamus petition. While the request for a stay was pending, the district court granted the Edgars' application to hold Hahnemann in civil contempt for not providing the district court with the contested medical records as ordered. Thus, it entered an order on August 14, 1995, imposing a coercive fine on Hahnemann of $1,000.00 per day for each day after August 16, 1995, that it did not comply with the July 18, 1995 order. The district court then denied Hahnemann's request for a stay on August 15, 1995, without prejudice to Hahnemann...
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