Lipschultz v. Superior Court
In Lipschultz v. Superior Court, 128 Ariz. 16, 19, 623 P.2d 805, 808 (1981), a doctor was sued for medical malpractice. 128 Ariz. at 17, 623 P.2d at 806.
The Board initiated an investigation and obtained medical records, reports, and statements from the doctor. Id.
The plaintiffs then subpoenaed the Board for discovery of this information. Id.
The Board objected to the subpoena on the grounds that it called for production of material made privileged by 32-1451.01(C) and (E). Id.
The trial court ordered the Board to provide the plaintiffs with certain documents, including two letters written to the Board by the doctor. Id.
On appeal, the Arizona Supreme Court held that the letters were privileged under subsection C, which, as the court noted, "contains no exceptions and no exceptions are implied." Id. at 18, 623 P.2d at 807.