On May 29 an Illinois appellate court upheld a lower court’s decision that patient safety work product (PSWP) is privileged and not subject to discovery under the 2005 Patient Safety and Quality Improvement Act (PSQIA).
Illinois Department of Financial and Professional Regulation (IDFPR) v. Walgreen, Company, 2012 IL App (2d) 110452, No. 2-11-0452 (May 29, 2012)
The Illinois appeals court’s decision in favor of Walgreens is based on two provisions of the PSQIA…
In making its decision, the appeals court determined that two affidavits prepared by Walgreens clearly satisfied the requirements of the PSQIA, resulting in protection for the subpoenaed documents.
The court cited the broad language of the PSQIA in protecting PSWP from discovery in connection with a federal, state, or local civil, criminal, or administrative proceeding. In so ruling, the court applied the broad federal protections provided under the PSQIA.
What Does This Mean for Health Care Providers?
The court ruling further reinforces the recommendations for PSO participants to ensure maximum protection:
The Missouri Center for Patient Safety (MOCPS) is certified as a federally-designated Patient Safety Organization (PSO), positioned to assist new and current participants to obtain the valuable protections available within the PSQIA – and, mostly importantly to prevent patient harm. PSO data is collected and analyzed in a protected environment allowing honest disclosure and discussion to learn about adverse events, why they occur and how to prevent them.
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