Medical and peer review records in malpractice litigation

Abstract

Medical records and peer review documents are important items in assessing claims brought against physicians for malpractice. In the United States, the adequacy of these documents and the extent to which their production can be mandatory is a complex subject governed by the statutory and/or common law of the individual states. Spoliation of medical records is not frequently encountered and will probably remain an isolated phenomenon. There is, however, constant development in the law regarding the discovery of documents compiled by health care providers and the extent to which these can be considered to constitute privileged information.