A court of common pleas judge has held that a supervising nurse's incident report is not barred from discovery under the Mcare Act.

Adding to a growing body of case law that has apparently not yet been addressed by the state appellate courts, Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr. ruled in Lesterick v. Singh that a report written by a “charge nurse” was discoverable under the Mcare Act.

The report is expected to describe an incident where the only on-call obstetrician in the hospital allegedly left the facility to eat at a restaurant prior to an emergency cesarean section being called.