Peer Review Protections After Amendment 7

Law360 (May 14, 2008, 12:00 AM EDT) -- Florida state law protections associated with medical staff peer review information have suffered a significant blow.

In Florida Hospital Waterman, Inc. v. Buster (Waterman) and Notami Hospital of Florida, Inc. v. Bowen, (Notami), the Florida Supreme Court firmly held that Amendment 7, the Patient’s Right to Know About Adverse Medical Incidents, eliminated existing statutory discovery protections on peer review information.

Hospitals and health care providers are scrambling to understand exactly what protections, if any, remain for the peer review process.

Most states have statutes providing a...
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