1. The patient alleged that the defendant-
physician fraudulently and negligently advised her
that she had a brain tumor that required immediate
surgery, that the physician negligently performed
an unneeded craniotomy on her at the hospital, and
that the physician had held staff surgical privileges
at the hospital on a continuing basis The plaintiff-
patient further alleged several theories against the
hospital. Underlying these was the contention that
the hospital had sufficient prior information to be
put on notice that the defendant -physician was an
incompetent , overaggressive neurosurgeon with a
history of performing unnecessary operations,
particularly elective craniotomies. The court
ordered the hospital to produce copies of all
preoperative consultations , operative notes,
interpretations of preoperative x-rays , and brain
tissue analyses obtained on 140 patients. Included
in the order were provisions to ensure the privacy
of the patients. The hospital refused the records on
the grounds that consent had not been obtained
from any of the 140 patients and the production
order was in violation of the patient -physician
privilege statute.
Should the appeals court agree with the
hospital? Why or why not?
