Quality Assurance Privilege and Party Statements
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
January 31, 2022 at 12:00 PM
14 minute read
Medical MalpracticeNew York state has long endorsed a policy of affording liberal discovery of all matters that are "material and necessary in the prosecution or defense of an action," as codified in CPLR 3101(a). See Forman v. Henkin, 30 N.Y.3d 656 (2018); Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403 (1968). Common-law and statutory privileges that shield relevant information and evidence from discovery are anathema to that policy. They pose "an 'obstacle' to the truth-finding process… ." Ambac Assur. v. Countrywide Home Loans, 27 N.Y.3d 616 (2016), quoting Matter of Jacqueline F., 47 N.Y.2d 215 (1979). Accordingly, such privileges are supposed to be narrowly construed and applied in a manner consistent with the purposes underlying the immunity. See Forman; Ambac Assur.; Spectrum Systems Intern. v. Chemical Bank, 78 N.Y.2d 371 (1991).
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