The patient alleged that the defendant–physician fraudulently and negligently advised her that she had a brain tumor that required immediate surgery, that the physician negligently performed an...

The patient alleged that the defendant–physician fraudulently and negligently advised her that she had a brain tumor that required immediate surgery, that the physician negligently performed an unneeded craniotomy on her at the hospital, and that the physician had held staff surgical privileges at the hospital on a continuing basis. The plaintiff–patient further alleged several theories against the hospital. Underlying these was the contention that the hospital had sufficient prior information to be put on notice that the defendant–physician was an incompetent, overaggressive neurosurgeon with a history of performing unnecessary operations, particularly elective craniotomies. The court ordered the hospital to produce copies of all preoperative consultations, operative notes, interpretations of preoperative x-rays, and brain tissue analyses obtained on 140 patients. Included in the order were provisions to ensure the privacy of the patients. The hospital refused the records on the grounds that consent had not been obtained from any of the 140 patients and the production order was in violation of the patient–physician privilege statute. Should the appeals court agree with the hospital?