Back to News

Court: Peer Review by Any Other Name Still Peer Review

Published on

August 19, 2021

Pennsylvania hospitals have some new guidance on what constitutes a protected “peer review” document after a recent Pennsylvania Supreme Court ruling.

The case, Leadbitter v. Keystone Anesthesia Consultants, involved a question of whether a hospital was required to produce an unredacted credentialing file for an orthopedic surgeon who was accused of medical malpractice. The hospital sought to withhold certain review documents that were created by its credentialing committee in considering whether to award the surgeon privileges. According to the decision, all documents that are a result of peer review activity by a hospital committee, whether it is performed by an officially deemed “peer review committee” or not, are protected and do not need to be turned over in subsequent litigation, including in medical malpractice cases.

Before the decision, only the documents of a specified “peer review committee” were protected and shielded from discovery under the Pennsylvania Peer Review Protection Act. The new decision distances itself from the high court’s formalistic analysis in the much-discussed Reginelli v. Boggs case, which held that peer review protection only applied to documents of a “review committee” but not those of a “review organization.”

The new guidance provides a pragmatic approach that focuses on whether a hospital committee is engaged in a peer review function rather than whether the hospital committee meets the formal requirements of being a “peer review committee.” Consistent with the goals of increasing the quality of health care in Pennsylvania, the approach in Leadbitter supports greater flexibility in performing peer review activities while maintaining the confidentially needed to encourage a candid discussion. 

Additionally, the Pennsylvania Supreme Court provided much needed reassurance that information provided by the National Practitioner Data Bank is protected under the federal Health Care Quality Improvement Act. The ruling aligns the federal and state obligations to maintain the confidentially of Data Bank reports.

If you have any questions about this decision or how it could affect your health care organization, please contact me or any member of the Barley Snyder Health Care Industry Group.


Related News

View More News
Newsletter
March 5, 2025

2024 Year in Review

In our Year in Review, we reflect on the remarkable growth and achievements of our firm throughout 2024 and early 2025. We c...

Learn More
Press Release
March 5, 2025

Barley Snyder Expands Presence in Lebanon with Addition of Partner Michael Bechtold and Team

For Immediate Release Lebanon, Pa. – Barley Snyder is pleased to announce the addition of partner Michael S. Bechtold ...

Learn More
Press Release
February 24, 2025

Barley Snyder Partner Joshua Schwartz Named to Touchstone Foundation Board of Directors

For Immediate Release Lancaster, Pa. – Barley Snyder partner Joshua L. Schwartz has been named to the Touchstone Foundation...

Learn More

Other Upcoming Events

View All Upcoming Events
May
06
8:00 am
-
5:00 pm
event
Location

42nd Annual Employment Law Seminar

Learn More
Jun
03
7:30 am
-
12:00 pm
event
Location

Save the Date! Wake Up With Barley – A Morning on Real Estate 2025

Learn More
Apr
08
12:00 pm
-
6:00 pm
event
Location

LendiCon 2025

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers