Johnson v. Univ. Hosps. of Cleveland,
No. 80117 (Ohio Ct. App. March 28, 2002)

The Ohio Court of Appeals reversed a trial court's order compelling a hospital that was alleged to have committed malpractice to produce incident reports compiled for the purposes of peer review and quality assurance, ruling that the incident reports were protected by the state peer review privilege. The court remanded the issue to the trial court for an incamera comparison of the incident report and the patient's medical record to determine whether the events of the incident were included in the patient's medical record. If not, the description of the events in the incident report, which should have been included in the patient's medical record, would be discoverable.