The Daily

Discovery of Hospital Incident Reporting and Peer Review Privilege

I have had cases like the one below with both anonymous and signed reports removed from medical charts. In one case, a doctor met me in a restaurant across the street from the hospital and delivered to me his copy of a report that had been removed from the patient’s chart. I have also been involved in cases challenging peer review privileges asserted by Hospitals. I have even secured a court order compelling a Hospital to produce JCAHO sentinel event reports. These are extraordinarily difficult issues to litigate – factually and legally. They require patience, resources, experience, and – most importantly – persistence.

This Pennsylvania case in the news today made me think of the hard work required by trial lawyers.

A Pennsylvania Superior Court panel on Thursday told a University of Pittsburgh hospital that it must make an effort to identify the author of an anonymous report regarding the treatment of a patient who died, saying the whistleblower protections of the state’s Medical Care Availability and Reduction of Error Act don’t block the hospital from revealing the author’s identity.

Read more at:

Click here to view the Supreme Court’s ruling in our case, Charles v. Baptist Hospital on peer review privileges.