Howell v. Holland (Summary)

PEER REVIEW PRIVILEGE

Howell v. Holland, No. 4:13-cv-0295-RBH-TER (D. S.C. Mar. 10, 2014)

The United States District Court for the District of South Carolina denied a plaintiff’s motion to compel discovery.  Plaintiff, James Howell, alleged numerous state law claims and a violation of the Americans with Disabilities Act (“ADA”) against Dr. Holland and McLeod Regional Medical Center.  Plaintiff requested any and all documents regarding any investigations performed by the Medical Staff Executive Committee, and the Quality Outcomes Committee, as well as any “Improve the Process” forms concerning Dr. Holland.  Defendants claimed that the documents are privileged under the South Carolina peer review statutes, which protect documents generated by peer review committees, as well as committees formed to maintain professional standards.  The court agreed with the defendants and held that the requested documents are protected from disclosure.