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Tag: medical malpractice discovery

Florida Appellate Court Sides With Hospital In Medical Malpractice Discovery Dispute

December 26, 2019

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held, in its opinion filed on December 11, 2019, that it was “clear that the trial court departed from the essential requirements of law. Its order requiring Tarpon Springs to produce “each an[...]

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New York Appellate Court Orders Disclosure Of Quality Control Committee Statement In Medical Malpractice Case

June 6, 2018

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) stated in its Memorandum and Order dated May 4, 2018 that Education Law § 6527 (3), which “shields from disclosure the proceedings [and] the records relating to p[...]

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Pennsylvania Supreme Court Rules Peer Preview Privilege Did Not Apply In Medical Malpractice Case

April 11, 2018

In its majority, 4-to-3 opinion filed on March 27, 2018, the Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”) ruled that the Pennsylvania Peer Review Protection Act, 63 P.S. §§ 425.1-425.4 (“PRPA”), which provides a narrow evidentiary privilege [...]

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New Jersey Appellate Court Rules Root Cause Analysis Report Is Not Discoverable In Medical Malpractice Cases

May 15, 2016

In its decision filed on May 4, 2016, the Superior Court of New Jersey Appellate Division (“Appellate Court”) ruled that the privilege afforded by the New Jersey Patient Safety Act (“PSA”) is absolute, covering all “documents, materials, or information received by the d[...]

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New Jersey Supreme Court Upholds Confidentiality Of Hospital Medical Malpractice Investigative Report

October 5, 2014

In an opinion issued on September 29, 2014, the Supreme Court of New Jersey (“New Jersey Supreme Court”) sided with a hospital that claimed that its investigative memorandum into an alleged medical malpractice occurrence was a privileged document under New Jersey’s Patient Safet[...]

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