Estate of Devine v. The Children's Hospital of Philadelphia

Philadelphia, Pennsylvania, personal injury lawyer represented the Plaintiff who sued on a medical malpractice wrongful death theory.



On May 10, 2023, Appellees filed a wrongful death and survival action against Appellant, in connection with a biopsy that Gabriella underwent as part of her treatment for Acute Myelogenous Lukemia, which Appellees allege caused Gabriella's death. Appellees filed an amended complaint on July 5, 2023. After the trial court overruled Appellant's preliminary objections to the amended complaint, Appellant filed its answer on November 15, 2023.



On June 13, 2023, Appellees filed their first set of interrogatories, which included, inter alia, interrogatory #29, requesting information about any investigation into the cause of the injuries claimed by the Estate, and interrogatory #32, requesting information concerning investigation into the examination and treatment of Gabriella. (See Appellees' First Set of Integrated Interrogatories, dated 6/13/23, at 16).[1] On February 14, 2024,



Motion to compel granted.



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Legal issue Did the trial court err in ordering the production of a document claimed to be privileged under the Peer Review Protection Act without conducting an in camera review?

Headnote



CIVIL PROCEDURE. APPEALS AND DISCOVERY. The case evaluates whether the trial court erred in compelling the production of a document claimed to be privileged under the Pennsylvania Peer Review Protection Act without conducting an in camera review to ascertain the applicability of the privilege.



EVIDENCE LAW. PRIVILEGE AND CONFIDENTIALITY. The court addresses the conditions and requirements for asserting privilege under the Pennsylvania Peer Review Protection Act, specifically regarding documents allegedly produced in the course of peer review activities.



PROCEDURAL LAW. IN CAMERA REVIEWS. The judgment examines the procedural appropriateness of a trial court ordering an in camera review to resolve disputes over privilege claims, underscoring the necessity when a privilege log does not permit meaningful analysis of the claimed privilege.



Key Phrases Wrongful death and survival action. Privilege log. Peer Review Protection Act. In camera review. Patient Safety Memorandum.

The trial court erred in ordering disclosure without first conducting an in camera review of the Patient Safety Memorandum to ascertain whether the memorandum was privileged.



Reversed