Texas Supreme Court
In Re Living Centers of Texas, Inc., D/b/a Wharton Manor, Relator
October 14, 200549 Tex. Sup. Ct. J. 37
Summary
The Texas Supreme Court granted a writ of mandamus, holding that the trial court abused its discretion by ordering production of documents claimed privileged based solely on lack of a privilege stamp or document name. The Court clarified the scope of medical, peer‑review, nursing peer‑review, and QA&A privileges, rejected a waiver theory for unstamped documents, and affirmed that a representative sample can satisfy the burden of proving privilege.