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(2001)
Scope and extent of protection from disclosure of medical peer review proceedings relating to claim in medical malpractice action
Letters CDMR. Cost analysis of the Term Breech Trial found that costs eos into the electronic health record or consulting them for pa- in 2002 were Can$877 higher in the planned vaginal delivery tient care would likely undercut whatever privileged status group. they hold. Indeed, the very necessity of obtaining patient con- Huesch and Doctor also propose that those patients pur- sent arguably makes the recording a de facto part of the medi- suing CDMR should be responsible for paying any difference cal record, in which case the privilege issue is moot. in cost. This is an interesting idea but not one I am ready to Peer review laws are intended to foster candid evalua- embrace because there are many choices in obstetrics that tions, which constitute a sine qua non of adequate hospital could similarly be tagged with potential incremental cost. care. However, in determining the scope of statutory protec- Would a patient who declines external cephalic version but in- tion, courts are acutely aware of the necessary evil inherent stead chooses to proceed directly with cesarean delivery for a in excluding potentially relevant information from discov- breech baby be charged? Making individuals responsible for ery. When hospitals
JAMA – American Medical Association
Published: Sep 4, 2013
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