Thursday, August 20, 2009

Peer Review Privilege Can Be Undermined by State Freedom of Information Law, According to Connecticut Court

The Connecticut Supreme Court has ruled that peer review records may be subject to disclosure for use in a civil lawsuit under the provisions of the state's Freedom of Information Act (FOIA).

In its decision (Director of Health Affairs, University of Connecticut Health Center v. Freedom of Information Commission), the court noted that this ruling will not substantially affect the privacy of peer review records since most hospitals are private and therefore, are not subject to FOIA rules. The court also noted that while a party may be able to access this information during the discovery process to prepare for trial, peer review records are still privileged information that cannot be entered as evidence in a civil action.

Source: BNA

No comments: