Board of Medical Quality Assurance v. Gherardini

Board of Medical Quality Assurance v. Gherardini (1979) 93 Cal.App.3d 669 involved an attempt by a state licensing agency to obtain the complete medical-hospital records of five named patients of a San Diego doctor under investigation by the board for alleged incompetence or gross negligence. The court opined: "A person's medical profile is an area of privacy infinitely more intimate, more personal in quality and nature than many areas already judicially recognized and protected . . . .. The individual's right to privacy encompasses not only the state of his mind, but also his viscera, detailed complaints of physical ills, and their emotional overtones. The state of a person's gastro-intestinal tract is as much entitled to privacy from unauthorized public or bureaucratic snooping as is that person's bank account, the contents of his library or his membership in the NAACP. We conclude the specie of privacy here sought to be invaded falls squarely within the protected ambit, the expressed objectives of article I, section 1." ( Id., at pp. 678-679.) In Board of Medical Quality Assurance v. Gherardini, a hospital custodian was commanded to produce the medical-hospital records of five patients of a doctor who was being investigated for fitness to hold his license. The patients were not parties to the proceeding and their right of privacy was asserted by the hospital custodian of records. The court held that disclosure of the medical records of a nonlitigant may under some circumstances be permissibly compelled, but not without a showing of "good cause" which was not there demonstrated.