Government Hospital Hiding Malpractic in Medicine

Imagine a nation where the government owns the hospital and can restrict you from discovery in a malpractice suit.

Hospital Does Not Have To Disclose Quality Assurance Reports In Medical Malpractice Case Michael Watts, Kathy O'Brien


Abstract:
The Ontario Superior Court of Justice released a significant judgment in November 2002, confirming that quality assurance reports prepared by a Quality Assurance Subcommittee of the Medical Advisory Committee are confidential and privileged and need not be produced by the hospital in a medical malpractice lawsuit. The case provides valuable guidance to risk managers and medical leaders about the steps they need to take to establish and protect the confidentiality of these QA reports.

The case, Steep (Litigation Guardian of) v. Scott (2003), 62 O.R. (3d) 173, involved a medical malpractice action arising from the birth of an infant with severe brain damage. The parents sought production of two quality assurance reports from the Kingston General Hospital that related to the case. The court dismissed the production request.