Credit: fergregory/Adobe Stock Where Does New Jersey's Patient Safety Act Stand After 'Keyworth'?
"The opinion in 'Keyworth' brings to the center the importance of compliance with the PSA and regulations as a prerequisite for the privilege to apply," writes Peter Espey.
August 28, 2024 at 10:00 AM
6 minute read
Health Care Law
On Aug. 5, 2024, the New Jersey Supreme Court issued a decision relevant to many medical malpractice cases. Keyworth v. CareOne at Madison Ave., 2024 N.J. LEXIS 791 (Aug. 5, 2024 slip opinion). The court reinstated a trial judge's determination that documents a nursing facility and assisted living facility sought to protect fell outside the scope of the absolute privilege afforded by the Patient Safety Act (PSA). The PSA set up a complex system of analyzing patient safety events and reporting defined serious preventable adverse events that occur to patients. The PSA also created an absolute privilege for information and materials falling within its scope. This article includes analysis of the court's decision, a description of what is clear after this decision, and a brief discussion regarding potential future issues.
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