Discovery: Hospital Failed to Follow State Privilege Statute, Making Incident Report Discoverable

October 1, 2014 | Healthcare Risk, Quality, & Safety Guidance


​An Ohio appellate court ruled that the incident report created by a hospital nurse in the wake of an event was not protected under the state law protecting peer-review committee reports from discovery and use at trial.

The plaintiff, the mother of the patient, alleged that the hospital and its personnel were negligent in the care of her son when he experienced a seizure, fall, and "life-altering brain injuries" during care at the facility. During discovery, the plaintiff requested the nurse's incident report; however, the hospital claimed that the report was privileged through state law. A lower court disagreed with the hospital and granted...

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