The quality assurance privilege.

Practice point: The privilege, set forth in Education Law § 6527(3), shields from disclosure certain records and reports generated by a hospital in performing either a medical malpractice or quality assurance review. The statute confers confidentiality on three categories of documents: records relating to the performance of medical review and quality assurance functions; records reflecting participation in a medical and dental malpractice prevention program; and reports required by the New York State Department of Health, pursuant to Public Health Law § 2805-l (Education Law § 6527[3]).

Student note: The party seeking to invoke the privilege has the burden of demonstrating that the document sought was prepared in accordance with a relevant statute.

Case: Daly v. Brunswick Nursing Home, Inc., NY Slip Op 04124 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Labor Law claims for falling at the construction site.