Recent TN Supreme Court Opinion Significantly Impacts Peer Review Privilege

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On May 24, 2010, the Tennessee Supreme Court issued an opinion that significantly narrows the scope of the peer review privilege. In Lee Medical, Inc. v. Beecher,[1] the Court considered whether certain documents relating to a decision to terminate a contract for vascular services were protected from discovery under the Tennessee Peer Review Law, Tenn. Code Ann. § 63-6-219. The plaintiff argued that because some of the documents involved review of quality of care, the documents were privileged.

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