Wieters v. Bon-Secours-St. Francis Xavier Hosp., Inc., No. 4374 (S.C. Ct. App. Apr. 23, 2008)

The Court of Appeals of South Carolina reversed an order compelling testimony about a peer review proceeding, finding first that the lower court's order compelling discovery was appealable and second that, while the state peer review statute mandated the disclosure of peer review outcomes, it absolutely protected the disclosure of any additional information regarding peer review proceedings.

The court concluded that, despite the general rule that only final judgments are appealable, because the state supreme court had determined that it was appropriate to review a discovery order compelling the production of otherwise confidential credentialing files, it was appropriate to review a discovery order compelling testimony regarding similarly confidential peer review proceedings.

Regarding the court's application of the peer review statute, the court concluded that beyond the physicians' statements regarding the outcomes of previous committee actions, viz, how many physicians had been suspended while each physician had served as a committee member, any additional information regarding the circumstances that led to those suspensions was absolutely protected by the state's peer review statute.