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Keywords

discoverynegligencetrialmotionwrit of mandamus

discoveryappealtrialmotion

Related Cases

Buchanan v. Mayfield, 925 S.W.2d 135

Facts

Pamela K. Buchanan visited Dr. W. Russell Ross, a dentist, on October 7, 1993, for a teeth cleaning and braces removal. During her visit, she mistakenly drank from a cup that she believed was used by another patient, referred to as 'Jane Doe.' Buchanan claimed that Dr. Ross's assistant was negligent in ensuring that she did not drink from someone else's cup, leading her to file a negligence action against Dr. Ross. She sought the identity of Jane Doe to determine if she had been exposed to HIV.

According to Buchanan, she visited Dr. Ross, a dentist, on October 7, 1993, to have her teeth cleaned and her braces removed. During the course of her visit Buchanan was attended to in two different examination rooms. As a result of her changing rooms, Buchanan mistakenly drank from a cup that, according to Buchanan, was used by Jane Doe. Dr. Ross denies that Buchanan used any cup but her own.

Issue

Whether Dr. Ross could invoke the physician-patient privilege to prevent the disclosure of Jane Doe's identity.

The issue to be addressed at this juncture is whether Dr. Ross may properly invoke the physician-patient privilege on the behalf of Jane Doe to prevent the disclosure of her identity.

Rule

Under Texas law, the physician-patient privilege applies to confidential communications between a physician and a patient, but only licensed medical doctors are entitled to this privilege.

Rule 509 of the Rules of Civil Evidence provides that '[c]onfidential communications between a physician and a patient, relative to or in connection with any professional services rendered by a physician to the patient are privileged and may not be disclosed.'

Analysis

The court analyzed whether Dr. Ross, as a dentist, qualified as a 'physician' under the Texas Rules of Civil Evidence. It concluded that since the Medical Practice Act specifically excludes dentists from the definition of 'physician,' Dr. Ross could not claim the privilege. The court also examined various statutory arguments presented by Dr. Ross regarding confidentiality but found them inapplicable to the case at hand.

Conclusion

The court conditionally granted the writ of mandamus, determining that the trial court's denial of Buchanan's motion to compel discovery was a clear abuse of discretion.

We conclude the trial court's denial of Buchanan's Motion to Compel Discovery was a clear abuse of discretion that left Buchanan with no adequate remedy by appeal. Therefore, mandamus is an appropriate remedy.

Who won?

Pamela K. Buchanan prevailed in the case because the court found that the trial court had erred in denying her discovery request, which was essential to her case.

Buchanan's inquiry into the identity of Jane Doe was reasonably calculated to lead to the discovery of admissible evidence. See Tex.R. Civ. P. 166b(2)(a). Because Buchanan has been denied the discovery of information that goes to the heart of her case, she does not have an adequate remedy by appeal.

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