Monday, March 23, 2020

Superior Court Upholds Order to Produce Physician's Credentialing File in Med Mal Case


In the case of Leadbitter v. Keystone Anesthesia Consultants, Ltd., 2020 Pa. Super. 36(Pa. Super.  Feb. 12, 2020, Bender, P.J.E., Dubow, J., Ford Elliott, J.) (Op. by Dubow, J.), the Pennsylvania Superior Court affirmed a trial court Order directing a hospital to produce the unredacted credentialing file for a physician since the credentialing committee was found to be a “review organization” and given that the Healthcare Quality Improvement Act did not preclude production of that file. 

The Superior Court noted that the trial court had properly relied upon the case of Reginelli v. Boggs, 181 A.3d 293 (Pa. 2018) in ruling in this fashion. 

According to this Opinion, this case arose out of medical treatment completed by the Plaintiff under the care of various Defendants, after which the Plaintiff allegedly suffered a series of strokes that left him substantially impaired. The Plaintiff asserted negligence on the part of the hospital and various Defendants. The Plaintiff also filed a separate negligence action against the physician at issue. 

During the course of discovery, the Plaintiff served Interrogatories hospital Defendants seeking the “complete credentialing and/or privilege file” for the physician. 

In response, the hospital produced what it determined was discoverable and redacted parts of documents it claimed were privileged. 

That discovery issue became part of the Plaintiff’s Motion to Compel the production of the unredacted credentialing file. As noted, the trial court allowed for this production and the Superior Court affirmed. 

Anyone wishing to review a copy of this decision may click this LINK.


Source: “Digest of Recent Opinions” Pennsylvania Law Weekly (Feb. 25, 2020).

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