PEER REVIEW PRIVILEGE

Holley v. Norwalk Hosp. Ass'n., No. (X10) NNHCV044017092S(CLD) (Conn. Super. Ct. Jan. 19, 2006)

In a separate but related proceeding, the Superior Court also found that the peer review privilege did not excuse the anesthesiologist from answering questions related to his mental condition during a deposition after a patient in a medical malpractice case sought the health information of the anesthesiologist involved in the incident. During a deposition, the anesthesiologist refused to answer questions or provide written discovery information in response to inquiries about his health. The anesthesiologist claimed this information was protected by both the state's peer review privilege and psychiatrist-patient privilege. The Superior Court found that the peer review privilege did not shield the anesthesiologist from answering questions as to his perceptions of his own symptoms or his past or present medical history. Nor was the information regarding the prescriptions the physician was taking protected under the peer review privilege. However, information relating to a psychiatric examination was privileged under the psychiatrist-patient privilege.