In their regular column for New York Law Journal on Law.com, New York medical malpractice attorneys Thomas A. Moore and Matthew Gaier discuss: “Quality Assurance Privilege and Party Statements”.
The party statement exception is important and eminently reasonable because precluding disclosure of a party’s statement would prevent injured patients or their families from learning the truth of what happened and undermine the centuries-old evidentiary principle recognizing the importance of admissions by a party. Indeed, cloaking a party’s statement in privilege would enable the party to testify falsely on material issues, despite the existence of a recorded statement exposing the truth.
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