First salvo in state response to federal Patient Safety Act | Charlotte ...

In 2005, Congress passed the Patient Safety and Quality Improvement Act (the Act), legislation aimed at motivating medical providers -- physicians, hospitals and clinics, pharmacies and other health care workers and organizations -- to report medical malpractice acts and patient-related errors to safety groups without fear of reprisal. To promote that goal, law makers mandated that reported information would be immune from legal discovery and public disclosure.

The law is currently under challenge in one state, with an upcoming decision form the Kentucky Supreme Court potentially having implications in courts across the country, including in North Carolina, say some commentators.

That court's ruling will be the first ever by any state's highest tribunal to interpret the Act, and it is therefore significant, note legal pundits.

"The Kentucky decision will not be binding, ... but you're going to see other courts looking," says Michael Callahan, vice chair of the American Health Lawyers Association. "When you're a judge, it's going to influence you."

Two appellate court cases -- both finding for the plaintiffs in a wrongful death and negligence action, respectively -- held that incident reports related to patient care could not be immune from discovery on the grounds that they were protected under the Act. In both cases, judges ruled that only reports prepared by the accused provider are protected from disclosure.

Ruling otherwise, noted one commentator, "would seriously compromise an injured party's right to pursue a medical negligence claim."

Those opposed to the rulings argue that a higher court affirmation of them could lead to other state tribunals issuing similar rulings, with the effect that health professionals would shy away from being candid about reporting errors, thus undermining health safety.

Source: American Medical News, "Doctors appeal rulings that diminish error reporting protections," Alicia Gallegos, Nov. 19, 2012

Source: http://www.charlottepersonalinjurylaw.com/2012/11/first-salvo-in-state-response-to-federal-patient-safety-act.shtml

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