In Employment, Peer Review Privilege Is Not Absolute
January 9, 2008, 12:00 AM EST
Law360, New York (January 9, 2008, 12:00 AM EST) -- All 50 states and the District of Columbia have statutes protecting physician peer review performance assessments from discovery in order to encourage vigorous institutional oversight of physician practice. In Georgia, for example, the statute explicitly states that the records of a medical review committee "shall not be subject to discovery" in "any civil action" against a health care provider.
The state courts have found that this language places "an absolute embargo upon the discovery of all proceedings, records, findings and recommendations of peer review groups and...