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10 May, 2013

The Quality Improvement/Peer Review Privilege: It’s Not Automatic

2018-04-24T00:10:53-05:00May 10th, 2013|Health Care Law, Midwest Medical Legal Advisor, Privileges|

The need for Quality Improvement and Peer Review Activities to remain confidential and to be protected from discovery in a lawsuit has long been recognized.   Historically, Nebraska’s quality and peer review statutes have provided very limited privilege protection.  Many hospitals performed quality and peer review activities that staff and administrators believed to be privileged but likely were not.  In 2011, the Nebraska Legislature passed The Health Care Quality Improvement Act [...]

30 Apr, 2013

Hospital Policies: Will They be a Burden or a Benefit to You in Litigation?

2018-04-24T00:10:53-05:00April 30th, 2013|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management|

Hospital policies are adopted for the purpose of providing a safe environment and quality care to patients.  They are also adopted as a means of preventing liability.  It is becoming increasingly common, however, for policies to be used against health care facilities and providers when litigation arises.  By applying a literal interpretation to a policy that does not provide any flexibility in its terms, the plaintiff is able to argue [...]

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