Baptist Mem. Hosp. v. Johnson

Decision Date06 January 2000
Docket NumberNo. 98-IA-00175-SCT.,98-IA-00175-SCT.
Citation754 So.2d 1165
PartiesBAPTIST MEMORIAL HOSPITAL-UNION COUNTY v. Sammy JOHNSON and Deena Lynn Johnson, Individually and Next Friend of a Minor, Namely, Kayla Elizabeth Johnson.
CourtMississippi Supreme Court

Michael N. Watts, Oxford, Angela M. Spivey, Water Valley, Attorneys for Appellant.

Rebecca Phipps, Corinth, Jerry Bythel Read, Biloxi, Attorneys for Appellees.

BEFORE PRATHER, C.J., BANKS AND McRAE, JJ.

McRAE, Justice, for the Court:

¶ 1. An interlocutory appeal from the Union County Circuit Court concerning patient-physician privileges invoked by a hospital to keep confidential the identity of its patient and her medical records is before this Court. After ordering the disclosure of the identity of the patient and her records, Judge R. Kenneth Coleman entered an interlocutory appeal order asking for a determination of the scope of the statutory patient-physician privilege. We granted permission for this interlocutory appeal. Kayla Johnson was born in the Baptist Memorial Hospital (BMH) and was accidently taken by hospital staff to the wrong mother to be breast fed. In their subsequent negligence action against the hospital, the parents of Johnson have asked the hospital to reveal the identity of this woman and to produce her medical records. We are faced with the issue of determining whether the patient-physician privilege protects a patient's identity and medical reports when (1) that patient's condition may have an effect on the health of another and (2) that patient is a potential fact witness in a negligence action. After consideration, we find that since the unidentified patient responsible for breast feeding Kayla Johnson is a fact witness to the alleged negligence of the hospital, her identity must be revealed as she has first hand knowledge of the events that day. We also find that her medical records may be inspected in camera to determine whether the health of Kayla Johnson may be at risk. We therefore affirm Judge Coleman's order compelling BMH to identify the patient and to produce the patient's medical records but reverse in part regarding full disclosure, instead ordering an in camera review by the trial court of all records with the issuance of protective orders if deemed necessary.

I.

¶ 2. On December 6, 1995, Kayla Elizabeth Johnson was born at the Baptist Memorial Hospital in Union County, Mississippi. Before she and her mother were released from the hospital a nurse employed by the hospital took Kayla to the wrong mother to be nursed (hereinafter "Mrs. X"). Before the staff recognized the error, Kayla was nursed by Mrs. X. Some hours later, the hospital disclosed the mix-up to the Johnsons but refused to reveal the identity of Mrs. X.

¶ 3. The Johnsons filed a suit against Baptist Memorial Hospital (hereinafter "BMH") seeking damages for alleged negligence during Kayla's stay. On February 20, 1997, counsel for the Johnsons served interrogatories and requests for production of documents on BMH, requesting disclosure of the identity and address of Mrs. X. BMH then filed a Motion for Protective Order on March 24, 1997, claiming that a response to the Plaintiffs Interrogatory Number 1 would violate the medical privilege of Mrs. X. Some months later on July 7, 1997, the Johnsons filed a Motion to Compel due to BMH's failure to give the name and address of Mrs. X and subsequently a response was filed by BMH claiming such material was "medically privileged patient information."

¶ 4. Glen Baker, the Risk Manager at BMH, informed Mrs. X of the Johnsons' eagerness to obtain her identity and address. BMH then stated that Mrs. X chose to affirmatively assert her medical privilege of confidentiality. However, Mrs. X did waive her privilege to a limited degree, expressly stipulating which medical records she consented to disclose. Those documents were thereafter turned over to the Johnsons. The documents included records of Mrs. X's pregnancy and delivery (discharge summary), past medical history, genetics screening, hematology and urinalysis profile, drug screen and HIV test.

¶ 5. Judge Kenneth Coleman presided over a hearing regarding BMH's Motion and Plaintiffs Motion to Compel on December 16, 1997. Subsequently, on January 26, 1998, disclosure of Mrs. X's identity was granted by Judge Coleman. The order also compelled BMH to "produce, for inspection and copying, all medical records, hospital records and other similar documents, of any description, which relate in any way to the unidentified person whom mistakenly breast-fed Kayla Johnson."

¶ 6. On January 29, 1998, Judge Coleman entered an interlocutory appeal order asking this Court for a determination of the scope of the statutory patient-physician privilege. In turn, we granted leave for this interlocutory appeal pursuant to M.R.A.P. 5.

II.

I. WHETHER THE PATIENT-PHYSICIAN PRIVILEGE PROTECTS A PATIENT'S IDENTITY AND MEDICAL RECORDS WHEN (1) THAT PATIENT'S CONDITION MAY HAVE AN EFFECT ON THE HEALTH OF ANOTHER AND (2) THAT PATIENT IS A POTENTIAL FACT WITNESS IN A NEGLIGENCE ACTION.

¶ 7. There are two recognized legitimate competing interests involved in this case, one of which must yield. The privacy interests held by Mrs. X in her medical records are in conflict with the Johnson's interest in protecting the health of their daughter, and in seeking discovery of all facts relevant to their lawsuit against the hospital.

¶ 8. Under Miss.Code Ann. § 13-1-21 (Supp.1996) the applicable privilege is statutorily created and states:

(1) All communications made to a physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor by a patient under his charge or by one seeking professional advice are hereby declared to be privileged, and such party shall not be required to disclose the same in any legal proceeding except at the instance of the patient or, in case of the death of the patient, at the instance of his personal representative or legal heirs in case there be no personal representative, or except, if the validity of the will of the decedent is in question, at the instance of the personal representative or any of the legal heirs or any contestant or proponent of the will.

¶ 9. The Johnsons claim that a patient's identity is not privileged when the patient is a witness to or a participant in a hospital's tortious misconduct. The Johnsons contend that at the very least, Mrs. X could serve as a fact witness with a great deal of nonprivileged information subject to discovery.

¶ 10. In response, BMH cites Pro-Choice Mississippi v. Fordice, 716 So.2d 645, 662 (Miss.1998), which held a patient's identity to be unmistakable of a highly personal nature and such disclosure would constitute a violation of the patient's privilege of confidentiality. BMH stresses that the Mississippi Legislature intended to protect the identity and address of the patient in creating Miss.Code Ann. § 13-1-21 which dictates that "all communications made to a hospital or to medical personnel are privileged...." BMH also points out that the non-privileged information which the Johnsons desire is not necessary as it is either already established in the record or readily available through alternative channels of discovery.

¶ 11. This Court has recently held that public policy encouraging and expediting the investigation and solving of crimes outweighs the privacy rights of individuals. State v. Baptist Mem. Hosp.-Golden Triangle, 726 So.2d 554, 561 (Miss.1998). Such investigations should not be hampered by an entity or individual attempting to conceal crucial information under the guise of the physician-patient privilege. Id. Just as the State has a compelling interest in finding and capturing offenders, it also has an interest in seeking out the truth in civil matters. This especially holds true when the health and life of another are potentially at stake.

¶ 12. We have held that a person's privilege to remain anonymous may be superceded by the importance of their testimony as a fact witness. For example, in criminal law there exists an "informer's privilege" which enables the prosecution to withhold the informant's identity. Breckenridge v. State, 472 So.2d 373, 377 (Miss. 1985); Wilson v. State, 433 So.2d 1142, 1145 (Miss.1983); Read v. State, 430 So.2d 832, 835 (Miss.1983); Pace v. State, 407 So.2d 530, 533 (Miss.1981); Strode v. State, 231 So.2d 779, 783 (Miss.1970). However, if the informant takes part in the police activity, or if the informant becomes a witness to the facts constituting a crime, then he may then be required to testify at trial as a witness, thus revealing his identity. Breckenridge, 472 So.2d at 377; Pace, 407 So.2d at 533, (citing Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957)).

¶ 13. The identity of Mrs. X must be revealed in this case as she may serve as one of only a handful of potential witnesses to the hospital's actions on October 6, 1995. To hold otherwise would allow hospitals to completely conceal the identity of any patient who was involved with or may have information regarding tortious conduct by a hospital.

¶ 14. The Johnsons next claim that an individual's medical privilege must yield if the individual's medical condition is likely to have a substantial effect on the health of a patient-litigant. The Johnsons' daughter has experienced bad health since birth and they fear it has a connection with her breast feeding by Mrs. X.

¶ 15. BMH asserts that the Johnsons have failed to provide any legal basis for the right to the medical records and stress that there are no legal precedents allowing a plaintiff to examine the medical records of a non-party patient who has invoked the medical privilege. BMH claims that a sufficient medical history of Mrs. X has already been disclosed to the Johnsons. Those documents include records of Mrs. X's pregnancy and delivery (discharge summary), past medical history, genetics screening,...

To continue reading

Request your trial
10 cases
  • Wipf v. Altstiel
    • United States
    • Supreme Court of South Dakota
    • December 21, 2016
    ...to Ind.Code § 34–46–3–1 (West 2016) ), which protected "matters communicated to [physicians] by patients"); Baptist Mem'l Hosp. v. Johnson, 754 So.2d 1165, 1169–71 (Miss.2000) (interpreting Mississippi's privilege rule, Miss.Code. Ann. § 13–1–21 (West 2016), which protected "All communicati......
  • Estate v. Mid Coast Hosp.
    • United States
    • Supreme Judicial Court of Maine (US)
    • September 29, 2020
    ...has been redacted. See, e.g., Wipf , 888 N.W.2d at 793 (collecting cases); Staley , 230 P.3d at 1011 ; Baptist Mem'l Hosp.-Union Cnty. v. Johnson , 754 So. 2d 1165, 1169-71 (Miss. 2000) ; State ex rel. Wilfong v. Schaeperkoetter , 933 S.W.2d 407, 409-10 (Mo. 1996) ; Amente v. Newman , 653 S......
  • Wipf v. Terry Altstiel, M.D. & Reg'l Health Physicians, Inc.
    • United States
    • Supreme Court of South Dakota
    • December 21, 2016
    ...Ind. Code § 34-46-3-1 (West 2016)), which protected "matters communicated to [physicians] by patients"); Baptist Mem'l Hosp. v. Johnson, 754 So. 2d 1165, 1169-71 (Miss. 2000) (interpreting Mississippi'sPage 8 privilege rule, Miss. Code. Ann. § 13-1-21 (West 2016), which protected "All commu......
  • Franklin Collection Service, Inc. v. Kyle, 2005-IA-00988-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • April 26, 2007
    ...139, 141 (Miss.2003) (noting that the privilege is found in both the statute and the Rules of Evidence); Baptist Mem'l Hospital-Union County v. Johnson, 754 So.2d 1165 (Miss.2000) (applying both to determine whether the privilege applies in civil cases); Scott ex rel. Scott v. Flynt, 704 So......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT