PEER REVIEW CONFIDENTIALITY

Maviglia v. West Bloomfield Nursing & Convalescent Ctr., Inc., No. 248796 (Mich. App. Nov. 9, 2004)

The Court of Appeals of Michigan reversed a trial court’s decision granting a nursing home resident’s request for incident reports from the nursing home and held that the legislative intent behind Michigan law bars release of records, data, and knowledge collected for, or by, individuals or committees assigned a professional review function in a health facility. It held that incident reports collected for such professional review activities are not subject to discovery in a negligence/malpractice action.