Michael Callahan, a partner in the Health Care Practice, was quoted in an article in American Medical News about the recent Kentucky Court of Appeals rulings regarding discoverability of medical error reports in a malpractice action. In two unrelated cases, the court ruled that only reports prepared by the accused health professional are protected from discovery under the federal Patient Safety and Quality Improvement of Act of 2005. The defendants in the first case appealed that decision to the Kentucky Supreme Court, which will be the first state supreme court in the country to interpret the Act. Mr. Callahan and Katten litigation partner Wells Hutchison prepared an amicus brief challenging the Kentucky Court of Appeals’ overly restrictive interpretation of otherwise very broad confidentiality and privilege protections. The brief included 28 parties, among them the American Medical Association, the Illinois Hospital Association and numerous patient safety organizations from around the country. (“Doctors Appeal Rulings That Diminish Error Reporting Protections,” November 19, 2012)
Chicago
