Plaintiffs can access through discovery documents created during an investigation by the Pennsylvania Department of Health into a nursing home in violation of state or federal law, an Allegheny County judge has ruled in an apparent issue of first impression.
Documents related to a department deficiency finding are not privileged under a portion of the Pennsylvania Code dealing with notification requirements for health facilities, nor are they protected as mediation communications, Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr. found in a July 20 opinion in Emanuel v. Asbury Health Center.
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