Temple v. Mary Washington Hospital, a case from the Supreme Court of Virginia, involved a medical malpractice case filed in the name of decedent. According to court records, decedent went to defendant's emergency room complaining of chest pain and shortness of breath. Four hours after getting to the hospital, he was deceased.
After filing the personal injury case, plaintiff, through counsel, requested certain discovery from defendant. Included in these requests were copies of defendant's policies and procedure related to how a patient in decedent's condition should be treated by hospital staff. Defendant responded to plaintiff's requests for production of documents, claiming these documents were not relevant to the lawsuit and were privileged documents.
Plaintiff filed a motion to compel discovery, requesting that the trial judge order defendant to produce the requested documents. The trial judge found that these documents were not relevant, as they would not lead to discoverable evidence, agreed that they were privileged, and denied the motion.