Inadmissibility of certain data provided to peer review body of health care providers and health care groups
Source:
Section 41.675 — Inadmissibility of certain data provided to peer review body of health care providers and health care groups, https://www.oregonlegislature.gov/bills_laws/ors/ors041.html
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Notes of Decisions
Transcripts and testimony regarding statements made before hospital disciplinary committees are not admissible into evidence. Straube v. Larson, 287 Or 357, 600 P2d 371 (1979)
Presence of third parties at hospital disciplinary hearings does not affect evidentiary privilege of this section. Straube v. Larson, 287 Or 357, 600 P2d 371 (1979)
Fact that state immunizes only good faith conduct demonstrates that plaintiff has state law remedy for actions against him in bad faith. Patrick v. Burget, 800 F2d 1498 (1986)
Where necessary inference of testimony in excess liability case is that professional assessment committee agreed case was defensible and testimony would have conveyed substance of committee’s findings, trial court did not err in ruling testimony inadmissible. Stumpf v. Continental Casualty Co., 102 Or App 302, 794 P2d 1228 (1990)
Where study was compiled by medical clinic but was not prepared for or addressed to peer review body, study was not inadmissible under this section. Rowen v. Gonenne, 274 Or App 803, 362 P3d 694 (2015)
Party that alleges claim asserting ultimate facts that are privileged or confidential communications but plausibly can seek to prove allegations based on facts not subject to privilege or confidence does not fail to state claim. Towner v. Bernardo/Silverton Health, 304 Or App 397, 467 P3d 17 (2020), Sup Ct review denied