Health Law & Business

Hospital’s Credentials Committee Records May Be Discoverable

Feb. 23, 2021, 3:58 PM

Records produced by a hospital committee considering whether to give a doctor privileges may be subject to discovery in a medical malpractice action because they are less likely to contain information protected by a peer review privilege than investigations of “bad outcomes,” a Delaware court said.

The nature and scope of a hospital peer review committee’s action should be taken into account when deciding what information a medical negligence plaintiff can access during pretrial discovery, and what should be shielded from disclosure in the interest of encouraging health-care providers to conduct patient safety reviews, the Delaware Superior Court said.


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