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.