MANDAMUS - § 34-24-60, ALA. CODE 1975 - ALABAMA BOARD OF MEDICAL EXAMINERS - PRIVILEGE FROM DISCOVERY - EX PARTE HUNTE
Ex parte Hunte, [Ms. 1160164, Sept. 1, 2017] __ So. 3d __ (Ala. 2017). In this unanimous decision by Justice Main, (Stuart, C.J., and Bolin, Parker, Murdock, Shaw, Wise, Bryan, and Sellers, JJ., concur) the Court issues a writ of mandamus vacating an order of the circuit court compelling production of a complaint made to the Alabama Board of Medical Examiners by a former patient of Dr. Hunte in a medical malpractice action. Dr. Hunte admitted he had possession of a complaint by former patient provided him by the Alabama Board of Medical Examiners during formal proceedings stemming from the patient’s 2001 complaint. Ms. *3-4. The Court concluded that the complaint was privileged pursuant to § 34-24-60 which provides that “all information, interviews, reports, statements, or memoranda of any kind furnished to the Board ... shall be privileged and confidential ....” Ms. *6. The Court noted that “[w]e do not address whether the complaint would be discoverable from the patient who filed it, the original source.” Ms. *7, n. 2.