should declare unconstitutional only that portion and uphold the balance of section
381.028 as properly implementing the manner in which Amendment 7 shall be
DOES AMENDMENT 7 PREEMPT STATUTORY PRIVILEGES AFFORDED HEALTH CARE PROVIDERS' SELF-POLICING PROCEDURES TO THE EXTENT THAT INFORMATION OBTAINED THROUGH THOSE PROCEDURES IS DISCOVERABLE DURING THE COURSE OF LITIGATION BY A PATIENT AGAINST A HEALTH CARE PROVIDER?
Another certified question asks whether the materials required to be
disclosed by Amendment 7 should be discoverable in legal proceedings. This
question should be answered in the negative.
At first blush, this question seems easy to answer much as the District Court
consumer" change that would allow the public more information about the track
records of doctors and hospitals to facilitate better consumer choices. It was not
advertised to the voters as a way to expand discovery for plaintiffs in legal
Assuming Amendment 7 information is "discoverable" by traditional means
in litigation has more ramifications than just providing an alternative means for the
patient to obtain Amendment 7 information. If Amendment 7 information is
"discoverable" in the course of litigation and all of the existing statutory privileges