Friday, July 29, 2016

Pennsylvania Supreme Court to Tackle Discoverability of Peer Review Documents in Context of Med Mal Case

On July 7, 2016, the Pennsylvania Supreme Court granted allocatur in the case of Reginelli v. Boggs, to address the issue of whether a hospital can invoke privilege with regards to peer review documents prepared by an outside contractor and, if so, whether that privilege is waived when the third party shares those documents with hospital administration.  

A Superior court panel had previously ruled in a non-precedential Opinion in this case that the peer review documents created by a third party were not protected under the Peer Review Protection Act, thus affirming a Washington County trial court judge’s ruling. 

I send thanks to Attorney Thomas G. Wilkinson, Jr. of the Philadelphia office of Cozen O’Connor for bringing this notable news to my attention.   

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