The
California Court of Appeal held that occurrence reports prepared by hospital
employees regarding changes in a deceased patient's condition while hospitalized
were prepared "in anticipation of litigation" and were therefore
protected from discovery in a wrongful death action brought by the deceased
patient's estate. The court held that the occurrence reports, which were prepared
pursuant to the hospital's risk management plan devised in order for the hospital
to participate in a self-insurance program, were clearly designated confidential
documents by the hospital's in-house counsel and were protected on the basis
of the attorney-client
privilege.