Porter v. Michigan Osteopathic Hosp Ass'n, Inc

In Porter v. Michigan Osteopathic Hosp Ass'n, Inc, 170 Mich. App. 619; 428 N.W.2d 719 (1988), the plaintiff claimed that her ward, a psychiatric patient in the defendant hospital, was raped by two other patients. In her lawsuit against the hospital, the plaintiff sought information about the suspected assailants, including nurses' notes, records of prior assaultive behavior, and records of the suspects' criminal conduct. Id., 622. The trial court ordered an in camera inspection of these materials to determine whether a privilege applied. 170 Mich. App. at 623. On appeal, this Court noted that the materials the plaintiff requested might or might not contain privileged matters. 170 Mich. App. at 623-624. The Court approved of the trial court's utilization of in camera review to make the necessary distinction: As the order stands, since it excepts privileged information from disclosure and since it provides for an in camera hearing over contested information regarding whether or not it is privileged, we find that the order of the trial court sufficiently protects privileged information from disclosure while at the same time ensuring plaintiff liberal discovery. . . . We don't know where the disclosure will lead, perhaps nowhere, but the trial judge can amply protect privileged information in the in camera proceeding. 170 Mich. App. at 624-625.