The lines of doctor patient confidentiality have been blurred with a recent trend in healthcare litigation. According to the national law firm LeClairRyan, plaintiff attorneys have been winning access to information and materials that have been long deemed as internal and protected. Healthcare and hospital risk management now needs to reassess the strength of their policies.
LeClairRyan’s senior counsel Patrick J. Hurd states, “The trend toward increasing disclosure of risk-management materials includes documents pertaining to investigations of incident reports and unanticipated outcomes. That means fact-gathering as a result of an incident or other problem associated with potential patient harm may indeed be subject to disclosure—a troubling trend for risk managers in the healthcare field.”