Medlin v. N.C. Specialty Hosp (Summary)

PEER REVIEW ACT PROTECTION

Medlin v. N.C. Specialty Hosp., Civil No. COA13-818 (N.C. Ct. App. Apr. 1, 2014)

The Court of Appeals of North Carolina affirmed and remanded in part a lower court’s finding in favor of a patient in a medical malpractice suit against a hospital.  The patient’s suit alleged that he suffered permanent damage to his eye and extreme pain as a result of the hospital’s negligent use of an incorrect, toxic chemical during his cataract surgery.

The hospital claimed that if its appeal was not heard, a substantial right regarding “the production of privileged materials and testimony” would be affected. As such, the court considered the hospital’s appeal on issues relating to privilege.

The court held that the lower court did not err in requiring non-privileged questions to be answered, as the questions were not regarding the (1) proceedings of a medical review committee or (2) records and materials produced by a medical review committee.  The court further found that the lower court’s in camera review was not biased against the hospital’s defenses.