Court Rules That Peer Review Documents Sought In Medical Malpractice Action are Discoverable

In the case of Lahr v. Young, No. 2021-C-0010 (C.P. Leh. Co. Oct. 3, 2022 Caffrey, J.), the court ruled that patient safety reports that the Plaintiff sought in discover from the Defendants in this medical malpractice action were solely prepared for compliance with the Medical Care Availability and Reduction of Error Act reporting requirements. 

The court noted that the Peer Review Protection Act grants qualified immunity for healthcare providers participating in a peer review process and establishes an evidentiary privilege applicable to peer review proceedings to protect the process which is designed to improve the practice of medicine.

However, the court noted that these documents were not immune from discovery because they did not arise out of matters reviewed by a patient safety committee.  It was emphasized that the documents at issue consisted of information that was otherwise available from original sources.  As such, the court vacated a prior Order and issued a new Order granting discovery.

The court granted this Motion after an in-camera review of the documents at issue.

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


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Dec. 6, 2022).

Source of image:  National Cancer Institute on www.unsplash.com.