The trial court had ordered the disclosure over the report. The trial court also found that the hospital had waived any federal privilege by failing to raise it in its initial Motion to Compel.
On appeal, the Superior Court affirmed the trial court’s conclusion that the hospital had failed to timely preserve its claims of a federal law privilege.
On appeal, the Superior Court affirmed the trial court’s conclusion that the hospital had failed to timely preserve its claims of a federal law privilege.
As such, the Pennsylvania Superior Court has ruled that a discovery protection allowed under federal law is indeed waivable in medical malpractice suits in which the Federal Patient Safety and Quality Improvement Act of 2005 is raised.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney Michael J. Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney Michael J. Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.