A hospital that fails to notify regulators when it makes a treatment error does not lose its right to keep an internal report about the incident confidential, a New Jersey appeals court has ruled.

The Appellate Division overturned a trial judge’s decision ordering Chilton Memorial Hospital to provide a plaintiff who sued for medical malpractice with its self-critical analysis of her care. The appeals court said the trial judge erred in finding that the hospital’s failure to submit the report to state regulators, as required under the Patient Safety Act, warranted piercing the privilege enjoyed by such reports.

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