Recent Rise in Peer Review Challenges Threatens Physician Confidentiality

A rise in legal challenges against peer review protections is putting physicians' confidentiality at risk, according to an American Medical News report.

In May, for example, a Maine judge ordered a hospital to release internal peer review files created during the evaluation of a patient's treatment; in April, the New York supreme court ruled that certain statements made by a vascular surgeon during a peer review hearing were subject to disclosure; and in January, a Massachusetts federal court ordered a hospital to produce documents related to its residency program after a former surgical resident sued the hospital.

"The climate has definitely changed," said Michael Moroney, a New Jersey health law attorney who represents physicians in state and federal cases. "The courts are taking a much closer look at individual documents. They're being much more sensitive to the plaintiffs' requests. It doesn't mean all documents will be discoverable, but the climate is such that courts are at least entertaining it."

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