Mississippi Supreme Court

Mississippi Baptist Health Systems, Inc. v. Mary A. Johnson

May 11, 2023

Summary

The Court reversed the trial court’s order compelling production of two incident reports and remanded for an in camera review and a document-specific determination of the asserted privileges. It held that MBHS did not waive its privilege claims because it identified the two documents and asserted specific privileges, and it directed the trial court to evaluate both the statutory privileges and the work product claim. The Court also held that the privileges may apply in any civil action, regardless of whether the underlying negligence claim is medical or ordinary negligence.