Medical Malpractice Investigations can Remain Confidential, Court Rules
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When a patient is the victim of possible malpractice occurring in a hospital, there is usually an internal investigation conducted by the hospital itself. The evidence, interviews, and results of that inquiry were the subject of a ruling by the New Jersey Supreme Court this week that makes it difficult for victims to obtain that information.
The decision was based on a patient confidentiality statute:
TRENTON — Patients who sue a hospital for medical malpractice are not entitled to records documenting the hospital’s internal examination into what went wrong, the state Supreme Court has ruled, upholding a 2004 law intended to encourage medical professionals to learn from and prevent future mistakes.
The ruling stems from a medical malpractice lawsuit brought by Esther and Gedalia Applegrad, who alleged their daughter’s brain injury and seizure disorder were caused by a series of mistakes made during the baby’s delivery and care at Valley Hospital in Ridgewood in May 2007.
The couple asked a judge to order Valley Hospital to turn over memos titled “Director of Patient Safety Post Incident Analysis.” The trial judge ruled in the hospital’s favor, saying the documents were protected under the Patient Safety Act, a 2004 law intended to protect the confidentiality of a hospital’s internal investigation into a mistakes or other bad outcomes for the purpose of preventing future errors.
Cases like this demonstrate the need for a competent attorney when dealing with a possible malpractice case. MalpracticeAttorneys.com is the leading online source for news, information, and recent decisions pertaining to malpractice. Our service is free to victims of malpractice, and registering on our site is easy.