In re Methodist Dallas Med. Ctr. (Summary)

PEER REVIEW PROTECTION (INCIDENT REPORTS)

In re Methodist Dallas Med. Ctr., No. 05-13-00134-CV (Tex. App. May 9, 2013)

The Court of Appeals of Texas granted conditional relief to a hospital to protect documents that were subject to the medical committee privilege (the term used in pertinent Texas law). A visitor brought suit against the hospital after she slipped and fell on the premises. The hospital filled out an occurrence report immediately after the incident. The visitor claimed that this report was not subject to medical committee privilege and must be produced.

The appellate court held that the report was in fact subject to privilege and did not need to be produced.  The court stated that the employee who fills out the form is directed not to retain a copy and not to give the report to anyone other than risk management.  The hospital’s quality review committee receives these reports and investigates all incidents, even those involving visitors.  The reports and investigative materials used by the committee are confidential and do not become part of hospital public records.  The court rejected the visitor’s argument that the privilege did not apply because the case involved a non-patient.  State law dictates that the privilege is not limited to direct patient care.  The document was not prepared during the regular course of business and is therefore subject to the medical committee privilege.