A Review of Quality Assurance Privilege in New York

New York's Public Health Law §2805-m and Education Law §6527(3) protect medical and quality assurance review activities from disclosure to encourage self-review without fear of discovery in malpractice cases. However, not all activities, documents, and statements are properly withheld. 

This CLE breaks down 30 years of case law to clarify the statutes' scope, limitations, and exceptions.

Through a review of pivotal appellate decisions and statutory requirements, this program demystifies the "hide and seek" nature of obtaining or withholding QA materials. Mr. Botar explains that privilege is not automatic and clarifies that the burden of proof rests firmly on the party asserting it. Participants will gain practical insights into the procedural steps required to challenge boilerplate objections, the necessity of detailed privilege logs, and the specific affidavits required to sustain a claim of privilege.

This course covers the following key topics:

• The intersection of CPLR 3101(a) discovery rules and statutory QA protections.
• The burden of proof and evidentiary requirements for hospitals asserting privilege.
• The "Party Statements" exception: Analyzing the discoverability of what defendant physicians say, write, or present during QA meetings.
• Distinguishing between formal QA reviews and casual conversations, rogue investigations, or gratuitous communications.
• The legal status of meeting minutes, personal notes, emails, and PowerPoint presentations.
• Strategies for handling "coulda, woulda, shoulda" defenses regarding documents that were not created specifically for the QA process.

Whether you represent plaintiffs seeking transparency or defendants protecting confidential peer reviews, this session equips you with the case law and tactical knowledge necessary to handle disputes over Quality Assurance files effectively.