peer review privilege Archives - Medical Malpractice Lawyers

Ohio Supreme Court Discusses Peer Review Privilege In Medical Malpractice Cases

February 12, 2025

Peer Review Privilege The peer review privilege applies to proceedings and records within the scope of a peer review committee of a health care entity.” R.C. 2305.252(A). A “peer review committee” is defined as: [A] utilization review committee, quality assessment committee, performance improv[...]

The Peer Review Privilege Is Supposed To Promote Patient Safety But Instead Harms Patients Injured By Medical Malpractice

August 24, 2022

The Patient Safety and Quality Improvement Act of 2005 (Public Law 109-41) (“Act”), signed into law on July 29, 2005, was enacted in response to growing concern about patient safety in the United States and the Institute of Medicine’s 1999 report, To Err is Human: Building a Safer [...]

Ohio Appellate Court Applies Peer Review Privilege To Prevent Discovery Of Incident Reports In Nursing Home Assault Lawsuit

June 7, 2022

The plaintiff in a nursing home negligence lawsuit alleged that John Sexton was assaulted by Vanesha Rice at Summit Leasing Co., LLC d/b/a Wood Glen Alzheimer’s Community (“Wood Glen”) in late January 2019 while Rice was an employee at Wood Glen and John Sexton was residing there. John Sexton [...]

Ohio Appellate Court Affirms Peer Review Privilege Did Not Preclude Discovery Of Resident’s File In Medical Malpractice Case

April 12, 2022

The Ohio Court of Appeals Ninth Judicial Circuit (“Ohio Appellate Court”) held in its decision dated February 16, 2022 in a medical malpractice case where the plaintiff sought the residency file of the doctor who allegedly failed to provide proper medical care to him in the hospital foll[...]

Pennsylvania Supreme Court Restricts Discovery For Medical Malpractice Plaintiffs

September 12, 2021

The case decided by the Pennsylvania Supeme Court on August 17, 2021 concerned discovery in a Pennsylvania medical negligence lawsuit in which the patient suffered complications following surgery at a hospital. The issue was whether certain portions of the hospital’s credentialing file for the doc[...]

Ohio Appellate Court Rejects Cleveland Clinic’s Peer Review Privilege And Trade Secrets Arguments

May 18, 2021

In its Journal Entry And Opinion dated April 28, 2021, the Court of Appeals of Ohio Eighth Appellate District (“Ohio Appellate Court”) held “that the peer-review privilege does not apply to the requested documents and that the trial court did not abuse its discretion in finding the[...]

Delaware Court Discusses Information That May Not Be Subject To Peer Review Privilege In Negligent Credentialing Cases

April 17, 2021

In a Delaware medical malpractice case where the plaintiff suffered a stroke during neurosurgery on his brain, the plaintiff alleged that defendant Christiana Care Health Services, Inc. (“CCHS”) was aware of defendant Bikash Bose, M.D.’s (“Bose”) propensity to commit negligent surg[...]

Pennsylvania Appellate Court Orders Disclosure of Credentialing Documents To Medical Malpractice Plaintiff

March 2, 2020

In its opinion dated February 13, 2020, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held: “Since St. Clair Hospital’s credentialing committee is a committee that reviewed the professional qualifications and activities of Dr. Petraglia following his applica[...]

Colorado’s Professional Review Act (CPRA): Patient Safety Or Malpractice Secrecy?

May 14, 2019

Colorado’s Professional Review Act (CPRA) is up for reauthorization this legislative session and the proponents and opponents of the reauthorization bill are promoting their positions. According to the Colorado Department of Regulatory Agencies, professional review committees review and evaluate t[...]

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 [...]

Tag: peer review privilege