Baptist Health Richmond, Inc. v. Hon William G. Clouse Jr Judge, Madison Circuit Court, Division I
2015 SC 000657
| Ky. | Oct 17, 2016Background
- Eva Louise Nall died after laparoscopic surgery; Agee sued Baptist Health and others for medical negligence.
- Discovery sought by Agee included incident, investigation, sentinel event, root cause, Joint Commission, Medicare/Medicaid, peer-review reports related to Nall.
- Trial court held PSQIA protection applied only to documents collected/maintained for disclosure to a Patient Safety Organization.
- Baptist Health sought writ of prohibition; Court of Appeals denied the writ.
- This Court vacates the trial court’s discovery order and remands for in-camera review consistent with this opinion.
- The ruling centers on the Act’s scope: what is patient safety work product and what remains discoverable under state reporting requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of PSQIA protection for information | Agee argues broader scope; seeks non-mandated info | Baptist Health argues limited protection to self-examining analyses | Remand for in-camera review; separate mandated state reports from privileged PSWP |
| Impact of state-mandated reporting on privilege | State mandate should yield discoverable information | Mandate does not place PSWP above state requirements | State-mandated content generally discoverable; non-mandated PSWP may be privileged |
| Procedure for handling discovery disputes under PSQIA | Court should protect all PSWP from discovery | Court may review PSWP to separate privileged from non-privileged | In-camera review to separate state-report content from PSWP; burden on provider to prove compliance |
Key Cases Cited
- Tibbs v. Bunnell, 448 S.W.3d 796 (Ky. 2014) (construes scope of PSQIA; dual reporting acknowledged; not all info is PSWP)
- Ware v. Commonwealth, 47 S.W.3d 333 (Ky. 2001) (stare decisis considerations in Kentucky advance of statutory interpretation)