Conn v. Rebustillo — May 2016 (Summary)

NEW JERSEY PATIENT SAFETY ACT PRIVILEGE

Conn v. Rebustillo
No. A-1421-15T3 (N.J. Super. Ct. App. Div. May 4, 2016)

The Superior Court of New Jersey, Appellate Division reversed a trial court order compelling a hospital to disclose the underlying facts of a root cause analysis submitted to the New Jersey Department of Health and Senior Services (the “Department”) pursuant to the New Jersey Patient Safety Act.  The issue arose in a medical malpractice action brought by the wife of a patient who died after falling from his hospital bed.  During discovery, the plaintiff filed a motion to compel the discovery of a root cause analysis prepared by the hospital and submitted to the Department.  The hospital filed for a protective order.  The trial court granted the motion to compel in part, requiring the hospital to provide the “underlying facts” of the root cause analysis.  On appeal, the appellate court reversed this order, finding that the privilege under the Patient Safety Act is “absolute” and “not subject to review to determine whether the health care facility complied with the ‘process requirements’ set forth in the [Patient Safety Act].”