Attorney practices, drug test, right of private action.

Jane Gregorino, an anesthetist at the Charlotte-Mecklenburg Hospital, appeals a lower court's ruling concerning her efforts to review documents related to a potential civil suit. Gregorino was involved in a medical procedure that left the patient with severe brain damage. Gregorino was denied access to medical records by the hospital's attorney. Gregorino filed a motion in circuit court to compel the hospital to release the documents under the rules of discovery. The hospital responded with a motion for summary judgment.

The Circuit Court of Mecklenburg County refused to compel discovery of the documents Gregorino requested. The court ruled the documents were not subject to the rules of discovery. The court granted the hospital's motion for summary judgment. Gregorino now appeals.

A split decision. The North Carolina Court of Appeals reversed in part and affirmed in part the decisions of the lower jurisdiction. The court of appeals reversed the lower jurisdiction's ruling that granted summary judgment. The court ruled that summary judgment was inappropriate in this case. However, the court affirmed the lower court's refusal to compel discovery.