By The Law Offices of John Day, P.C. on Dec 08, 2023 06:07 am
Statements made in a meeting between defendant hospital and decedent’s family were not privileged and did not fall under the QIC statute. In Castillo v. Rex, No. E2022-00322-COA-R9-CV (Tenn. Ct App. Oct. 4, 2023), plaintiff filed an HCLA suit after the death of her husband. Her husband died shortly after he was discharged from defendant hospital’s emergency room. The hospital held a Quality Improvement Committee (“QIC”) proceeding to investigate the care decedent received. Sometime thereafter, representatives from defendant hospital met with members of decedent’s family at a CANDOR meeting, where “Plaintiff was advised that Decedent should not have been discharged because the CT scan revealed a bleed.” During depositions in the HCLA case, defense counsel instructed a physician not to answer questions about statements made at the CANDOR meeting. When plaintiff requested documents used in preparation for the CANDOR meeting, defendant moved for a protective order “to prohibit further inquiry into the nature and contents of all statements made at the CANDOR meeting as direct or indirect discovery of the QIC proceeding itself.” The trial court denied the motion for a protective order, and on interlocutory appeal, that denial was affirmed.
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