Healthcare Personal Injury Complexities and Challenges
Legal professionals understand the complexities and challenges of personal injury and medical malpractice litigation and have the burden and privilege of helping those that others have harmed. Often, the cases are complex and have multiple facets that require different types of professionals to provide a detailed review of the case facts.
2005 Patient Safety Act Privilege: What is the law?
2005 Patient Safety Act Privilege:
The Patient Safety Act of 2005 establishes a legal privilege for certain patient safety information. Under the Act, patient safety work product is defined as any data, reports, records, memoranda, or analyses that identify or constitute the deliberations or analysis of patient safety events and that are assembled or developed by a provider for reporting to a patient safety organization (42 U.S.C. § 299b-21(7)(A)).
Why keep a privilege log for your risk management department?
Why Keep a privilege log for your risk management department?
A privilege log is a document that lists privileged, confidential information that a party withholds from disclosure based on possible or actual litigation, whether currently or in the future. Risk management privilege logs can be beneficial in several ways:
Protection of Privileged Information.
By creating a privilege log, an organization can protect confidential or sensitive information from disclosure during litigation. In addition, the privilege log can identify the specific documents or data that are subject to privilege, making it easier to manage and protect this information.
Failure to create a privilege log may result in a Waiver of Privilege. A Waiver of Privilege is a failure to properly identify and withhold privileged information, subjecting the information to the legal discovery process during litigation. This means the information may be disclosed to the opposing party and potentially used against the organization during litigation.