June 25th, 2019 by Rieders Travis in Medical Malpractice

Appellant Community Medical Center appeals from an Order granting emergency petition to compel discovery of Defendant doctor’s credentialing file. The hospital took interlocutory appeal claiming that Regine/Ii vs. Boggs, 181 A.3d 293 (Pa. 2018) did not announce a blanket rule depriving all previously-protected credentialing committee materials of peer review protection. The trial court was affirmed in requiring production of the materials pursuant to the emergency motion. The Regine/Ii court indicated that the PRPA does not extend its grant of an evidentiary privilege to materials that are generated and maintained by entities reviewing the professional qualifications or activities of medical staff. In Regine/Ii, the performance file was not generated or maintained by the hospital’s peer review committee. In Krapa, the trial court conducted an in-camera review as did the Superior Court and determined that the files at issue “consist entirely of credentialing materials …. ” In terms of the doctor’s personnel files, the PRPA protections do not extend to the credentialing committee materials because this entity does not qualify as a “review committee.” Estate of Leonard P. Krapa vs. Lyons, 2019 Pa. Super. LEXIS 508.