Less v. Mercy Hospital and Medical Center

In an appeal of the entry of a friendly contempt order, the appellate court considered whether the reports of two investigators reviewing the safety procedures of the defendant hospital were privileged under the Medical Studies Act. The appellate court held that the investigative reports were not within the scope of the Medical Studies Act because they were not produced for the purpose of patient care and quality control, but rather to investigate safety and security protocols at the hospital. The appellate court also found that their disclosure was not barred by the consultant litigation privilege under SCR 201(b)(3) and vacated the contempt findings. (REYES and BURKE, concurring)