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Questioning Discoverable Data In Negligent Credentialing Suits

Published in Law360
Article | February 29, 2016

This Law360 article explores the Illinois Supreme Court's recent decision in Klaine v. Southern Illinois Hospital Services, affirming that a physician's application file and National Practitioner Data Bank reports are discoverable in a negligent credentialing lawsuit. While the it is an Illinois case, the article offers recommendations for hospitals based on the implications of the decision. This includes dividing files by privileged and non-privileged information, reviewing state and applicable case laws, and making the argument that the information is not discoverable because it is being used for protected peer review deliberations.

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