Ducharme v. Nova Cas. Co. (Summary)

DISCOVERY/PEER REVIEW

Ducharme v. Nova Cas. Co., Civil Action No. 6:13-3108 (W.D. La. Feb. 10, 2015)

The United States District Court for the Western District of Louisiana quashed an insurance company’s subpoena against a hospital, holding that the information sought was protected by the peer review privilege.

Plaintiff was hit by a car insured by the defendant, an insurance company. The insurance company subpoenaed the hospital inquiring about the plaintiff’s treating physician’s disciplinary record. The hospital objected to the subpoena and moved to quash it.

The court held that the disciplinary record of the physician was protected by the peer review privilege because the information requested was within the ambit of the hospital’s personnel committee, had nothing to do with plaintiff’s personal injury claims and the insurance company was only seeking this information so it could impeach the treating physician if he testified at trial.