Newsletter
Issue 4
Appellate Battle: Peer Review Law
The firm has won an important appellate battle on the issue of hospital peer review law. In a case involving two men who contracting severe post-operative infections after undergoing the same heart surgery on consecutive days at St. Luke’s Hospital in Bethlehem, Pa., the hospital’s attorney attempted to prevent disclosure of information and testimony related to an investigation into the cause of the infections. Aaron Freiwald and Patricia Giordano filed Motions to Compel, which were granted by the trial court. The hospital’s attorney appealed to the Superior Court, but the Superior Court agreed with the firm’s arguments that the appeal of a discovery motion of this sort was improper.
In recent years, Pennsylvania hospitals have become more aggressive in trying to expand the reach of the Peer Review Privilege so as to shield evidence that may be important to establishing liability for infection control and prevention. The firm’s victory in Superior Court may assist in striking back against hospitals overreaching in this area. Anyone who wishes to obtain a copy of the Superior Court’s opinion in Forrest v. St. Lukes’ Hospital should feel free to contact Aaron Freiwald, ajf@layserfreiwald.com