Mark Kadzielski Comments on Pennsylvania Ruling that Opens Files of Outside Doctors at Hospitals

News / April 5, 2018

Partner Mark Kadzielski is quoted in an article published by Bloomberg Law on April 4, 2018. The article, “Hospitals Can’t Protect Outside Doctors’ Personnel Files,” reports on a recent Pennsylvania Supreme Court decision that allowed malpractice plaintiffs to access a performance review prepared by a member of an outside physicians’ group contracted to staff a hospital emergency room.

Healthcare industry defense attorneys say the decision weakens peer review protections put in place to allow hospitals to investigate alleged medical errors without fear of opening themselves up to liability. This could impair hospitals’ ability to candidly look at possible mistakes and implement policies to prevent them.

Kadzielski said courts in other states “may become emboldened by the way the majority shaped the peer review privilege to limit its application.” He added that “The plaintiffs’ bar will be pushing for this type of decision in other jurisdictions” and that adding that the decision “could have a negative effect on peer review in the future.”

Read the article (registration required).

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