New Case Regarding Peer Review Privilege
In this recent opinion, the Eastern Section Court of Appeals held that documents or records “otherwise available from original sources” are not immune from disclosure pursuant to the peer review privilege and may be obtained from either the original source or a peer review committee. In Stratienko v. Chattanooga-Hamilton County Hosp. Auth., the defendant argued that anything in the peer review file is privileged, and if it's also available from another source, then the plaintiff has to go get it from that other source. The Court of Appeals rejected that argument. If a document is available publicly, then merely dropping a copy in a peer review file will not protect it from discovery.
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