MSNJ Supports Self-Critical Analysis Privilege

    By: Melinda Martinson, Esq. on Jul 28, 2017

    MSNJ and the AMA joined together to file an amicus brief with the New Jersey Supreme Court urging it to find the self-critical analysis privilege in the Patient Safety Act (PSA) to be absolute. The PSA allows physicians in a hospital setting to engage in candid discussions about circumstances giving rise to medical errors in order to improve on processes to avoid future harm. These privileged discussions are protected and not discoverable in litigation. A recent lower court opinion would have vitiated the privilege based on whether a report, arguably required to be filed, was actually filed. The privilege over the investigation must be absolute to ensure that physicians and hospital staff will engage in candid discussions to prevent medical errors in the future. 


    Released: July 28, 2017, 6:10 am
    Keywords: Announcements

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