Correctional Peer Review Loses Privilege
Author: Joseph E. Paris.
Source: Volume 07, Number 02, January/February 2006 , pp.17-19(3)
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Abstract:
A Federal Court Rules that Peer Review Reports Should Be Available to Plaintiffs A series of rulings by the Ninth U.S. Circuit Court and the U.S. Supreme Court ended up denying federal privilege for medical peer review proceedings in correctional settings. On August 6, 2001, Charles J. Agster III, an inmate at the Maricopa County Jail, Arizona, was involved in an incident that resulted in his death. Agster was treated by Correctional Health Services employees at the jail. As required by jail policies and by the standards of the National Commission on Correctional Health Care (NCCHC), Maricopa staff conducted a “critical incident report” after the inmate’s death.A peer review (mortality review) was also conducted after the death and was documented by medical staff.Keywords: Federal Patient Safety and Care Improvement Act of 2005, Freedom of Information Act, P-A-10, J-A-10, P-C-02, J-C-02
Affiliations:
1: Georgia Department of Corrections.