A New Jersey appeals court has ruled that documents prepared by a health care facility to be filed with the state Department of Health following incidents in which a patient is injured or dies are not subject to discovery in medical malpractice cases, even if the facility fails to comply with reporting requirements.

The three-judge Appellate Division panel, in a reported ruling in Conn v. Rebustillo issued May 4, said the Patient Safety Act establishes an “absolute privilege” for such documents.

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