Cited Article

Confidentiality and Privilege of Peer Review Information: More Imagined Than Real

Case Citation

St. Joseph Med. Ctr., Inc. v. Cardiac Surgery Assocs., P.A. , 896 A.2d 304 (Md. Ct. App. 2006)

Background

The fact-specific holding “In denying a hospital's motion for protective order under Md. R. 2-403, trial court erred by ruling that e-mails, letters, and testimony of hospital staff to medical review committee were not protected by medical review committee privilege, as Md. Code Ann., Health Occ. § 1-401(d)(1) was not limited to documents generated by the committee itself.”

Citing Quote

Although most states have statutes creating a medical review committee privilege, the wording of the statutes varies considerably. Furthermore, there are only a limited number of state supreme court decisions dealing with the issue now before us, under statutes with the same or similar wording to that contained in § 1-401(d) . For a general review of state statutes and judicial decisions, see Charles David Creek, The Medical Review Committee Privilege: A Jurisdictional Survey , 67 N.C.L. Rev. 179 (1988) ; Susan O. Schentzow and Sylvia Lynn Gillis, Confidentiality and Privilege of Peer Review Information: More Imagined Than Real , 7 Journal of Law and Health 169 (1993).

Article Publication Date

1993

Volume

7

Issue

2