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Self-Critical Analysis Privilege

McCarter & English, LLP

Privilege Denied When Facilities Fail To Comply With NJ Patient Safety Act

Two New Jersey healthcare facilities that violated the New Jersey Patient Safety Act, N.J.S.A. §§ 26:2H-12.23 to -12.25, (PSA), must provide plaintiff patients with internal reports and documents relating to adverse events,...more

White and Williams LLP

NJ Appellate Court Rules Investigative Documents Created in Compliance With the Patient Safety Act Are Protected

White and Williams LLP on

Under the Patient Safety Act (PSA), a health care facility’s incident and investigative reports are “absolutely privileged”, says the New Jersey Appellate Division. Earlier this month, the court held in Keyworth v. Careone at...more

Foley & Lardner LLP

Can the Self-Critical Analysis Privilege Protect Sensitive Company Product Evaluations?

Foley & Lardner LLP on

Discovery requests in product liability litigation matters are often a costly and time-consuming black hole. They consume precious resources manufacturers and distributors could use to build up their businesses and, worse,...more

Foley & Lardner LLP

Different Standards for Self-Critical Analysis Privilege: What You Need to Know

Foley & Lardner LLP on

In a recent March 19, 2015 decision, the Illinois Supreme Court refused to acknowledge the self-critical analysis privilege. This recent discussion underscores the need to understand the different standards for the privilege...more

Foley & Lardner LLP

Privileges Can Help Manufacturers in Product Liability Litigation, but Beware

Foley & Lardner LLP on

This blog’s earlier post, “Protect Your Safety Investigations and Deliberations From Prying Eyes,” highlighted the three privileges that are useful for Safety Teams – self-critical analysis privilege (or self-evaluation...more

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