Sunday, August 16, 2015

Pennsylvania Superior Court Holds that Quality of Care Reviews Conducted by Blue Cross are Discoverable in Med Mal Cases

In its recent August 7, 2015 Opinion in the case of Venosh v. Henzes, 2015 Pa.Super. 169 (Pa.Super. 2015)(Op. by Bowes, J.), the Pennsylvania Superior Court affirmed the trial court discovery decision of Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas requiring Blue Cross to produce information concerning a quality-of-care review that it conducted regarding the underlying incident in this medical malpractice action.

This appears to be the first Pennsylvania appellate court decision on the issue.

Anyone wishing to review this Venosh decision may click this LINK.

UPDATEOn March 1, 2016, the Pennsylvania Supreme Court issued an Order denying a Petition for Allowance of Appeal.  Click HERE to view that Supreme Court Order.

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