When Does the Peer Review Privilege Apply?
While Reginelli v. Boggs is one case under Pennsylvania law, it is a reminder that the peer review privilege does not automatically apply to all physician performance reviews. When considering whether a document will be protected by the privilege it is important to review the governing statute. Some factors to consider:
- The employment status of the person being evaluated – Does the physician in question work directly for the hospital or are they an independent contractor or working for another organization?
- The entity conducting the evaluation – Does the privilege only apply to specific classes of organizations? Does the person or committee conducting the evaluation fit within the protected class?
- The purpose of the assessment being conducted – Was the assessment conducted as a way to evaluate performance by peers or by a hiring committee or for financial compensation?
