In their medical malpractice column for the New York Law Journal on Law.com, Thomas A. Moore and Matthew Gaier examine statutory privilege rules as they apply in malpractice actions in their article, “Quality Assurance Privilege and Party Statement.”
One area of statutory privilege that has unique implications for medical malpractice actions is that applicable to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. These statutes require hospitals to have procedures for reviewing the quality of patient care, including reviewing specific cases and their outcomes. These reviews are confidential and “designed to encourage thorough and candid peer review of physicians,” in order to assure that medical review committees frankly and objectively analyze the quality of health services rendered by hospitals.
To read the full article, click here.
This medical malpractice column written by Tom Moore and Matt Gaier, New York personal injury attorneys, is a resource used by countless attorneys throughout New York state regarding issues of medical malpractice.