State ex rel. St. John's Reg'l Med. Ctr. v. The Honorable David C. Dally,
No. 24771 (Mo. Ct. App. Oct. 31, 2002)
In
a breach of contract dispute between a medical center and a radiology group,
the Missouri Court of Appeals held that even if the Missouri Peer Review Statute
shielded certain documents from discovery, the medical center waived that privilege
by placing the subject matter of the privileged information at issue. The court
said that the medical center was attempting to use the privilege as "a
shield and a dagger at one and the same time." The court ordered the medical
center to turn over certain documents to the radiology group.