Superior Court Addresses Discoverability of Hospital Patient Safety Review Records

In the case of Boyle v. Main Line Health, Inc., No. 2454 EDA 2023 (Pa. Super. Aug. 10, 2025 King, J., Lazarus, J., and Lane, J.) (Op. by King, J.) (Lane, J. concurring and dissenting), the appellate court affirmed in part and reversed in part a trial court discovery Order relative to the discoverability of hospital patient safety review records in a medical malpractice action.

The court noted that discovery Orders involving claims of privilege are immediately appealable a collateral Orders.

The Superior Court noted that hospital patient safety review records that are actually used to make MCARE mandatory reports are protected from disclosure in litigation by the Act.

In this case, the Defendant hospital had an MCARE patient safety plan and a patient safety officer. The MCARE safety patient plan established a patient safety committee pursuant to MCARE and also set forth requirements for both internal and external reporting.

The Superior Court noted that MCARE confidentiality extends to all documents, materials, or information solely prepared or created for the purpose of reporting compliance.

However, the court noted that, without evidence that the event at issue was actually submitted to a patient safety committee or governing board, the MCARE privilege cannot be established. 

The court noted that a general assertion of a particular privilege as to all documents is sufficient to preserve the privilege as to any portion of the documents.

The court also noted that, under the federal Patient Safety and Quality Improvement Act privilege, “patient safety work product” is not subject to state-law discovery. The court noted that documents produced solely in accordance with the Patient Safety Evaluation System and reported to the patient safety organization are protected under the PSQIA.

Anyone wishing to review a copy of this decision may click this LINK.  The Concurring and Dissenting Opinion by Judge Lane can be reviewed HERE.


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.