Miller v. Forsyth Mem’l Hosp.

PEER REVIEW PRIVILEGE

Miller v. Forsyth Mem’l Hosp., No. COA04-1179-2 (N.C.
Ct. App. Nov. 15, 2005)

The
North Carolina Court of Appeals ruled that a malpractice plaintiff was not
entitled to peer review documents because she had failed to preserve in the
trial court record any evidence that would have allowed the appellate court
to determine whether she was prejudiced by lack of access to the documents.
The appellate court noted that the plaintiff should have asked the trial court
to conduct a non-public, "in camera" review of the documents to assess their relevance
to plaintiff’s case.