Guest guest Posted December 18, 2006 Report Share Posted December 18, 2006 Peer review did not exist at common law, so it is entirely a product of legislation. Each state has its own peer review laws. In the medical profession, peer review provides limited privileges against disclosure of information that is a part of the peer review process. Courts have construed the peer review statutes both narrowly and widely, but the last time I looked, the majority seem to take a narrow view, meaning that the privileges are narrowly construed, and if the process is not followed precisely, the privilege may be lost. In other words, disclosure of information, or leakage, could extinguish the privilege granted and make all information developed discoverable. In Texas, peer review has been extended to physicians, nurses, and pharmacists; however, to the best of my knowledge, there has never been a peer review process extended to EMTs and Paramedics. The Texas Legislature gave the TDSHS the authority to formulate a " peer assistance " process for impaired practitioners, but it has never been implemented as far as I know. Therefore, I doubt that a peer review process investigating an incident involving an EMT or Paramedic in Texas would be held to be privileged. CAVEAT: I have not done exhaustive research on this subject. I may be incorrect. For a recently decided case, one that has been in the works for eons, take a look at this summary of a case involving the Texas Medical Association and the Dallas Medical Society involving a disciplinary process involving a physician. http://www.ama-assn.org/ama/pub/category/8114.html Again, I doubt the peer review process exists for EMTs and paramedics, at least in Texas. Gene Gandy The information and opinions expressed herein are not intended as legal advice, nor shall they be construed to be. No attorney/client relationship exists between me and the readers of this post. For legal advice, consult a practicing attorney of your choice. WEG > > Does anyone have information or know where to find info on legal liabilities > of peer review insofar as does it become public record and can it be used > against the Medic or service/facility? > ____________ _______ _______ _______ _______ > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 18, 2006 Report Share Posted December 18, 2006 Please email me off group.. Norman on wrote: Does anyone have information or know where to find info on legal liabilities of peer review insofar as does it become public record and can it be used against the Medic or service/facility? __________________________________________________ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 18, 2006 Report Share Posted December 18, 2006 So there is no protection if a provider does QA/QI and finds questionable actions by a medic or lack of following protocol that could or would later be discoverable. Chris wegandy1938@... wrote: Peer review did not exist at common law, so it is entirely a product of legislation. Each state has its own peer review laws. In the medical profession, peer review provides limited privileges against disclosure of information that is a part of the peer review process. Courts have construed the peer review statutes both narrowly and widely, but the last time I looked, the majority seem to take a narrow view, meaning that the privileges are narrowly construed, and if the process is not followed precisely, the privilege may be lost. In other words, disclosure of information, or leakage, could extinguish the privilege granted and make all information developed discoverable. In Texas, peer review has been extended to physicians, nurses, and pharmacists; however, to the best of my knowledge, there has never been a peer review process extended to EMTs and Paramedics. The Texas Legislature gave the TDSHS the authority to formulate a " peer assistance " process for impaired practitioners, but it has never been implemented as far as I know. Therefore, I doubt that a peer review process investigating an incident involving an EMT or Paramedic in Texas would be held to be privileged. CAVEAT: I have not done exhaustive research on this subject. I may be incorrect. For a recently decided case, one that has been in the works for eons, take a look at this summary of a case involving the Texas Medical Association and the Dallas Medical Society involving a disciplinary process involving a physician. http://www.ama-assn.org/ama/pub/category/8114.html Again, I doubt the peer review process exists for EMTs and paramedics, at least in Texas. Gene Gandy The information and opinions expressed herein are not intended as legal advice, nor shall they be construed to be. No attorney/client relationship exists between me and the readers of this post. For legal advice, consult a practicing attorney of your choice. WEG > > Does anyone have information or know where to find info on legal liabilities > of peer review insofar as does it become public record and can it be used > against the Medic or service/facility? > ____________ _______ _______ _______ _______ > Quote Link to comment Share on other sites More sharing options...
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