Medical Staff Minute: Peer Review Privilege Narrowed by Louisiana's Fourth Circuit Court of Appeal
In a recent decision, the Louisiana Fourth Circuit Court of Appeal clarified the limits of the peer review privilege under La. R.S. 13:3715.3 in a malpractice case involving the death of a patient following treatment at a Louisiana hospital.
The plaintiff sought discovery of materials from a nurse practitioner, a physician, and their employer. Many records were withheld under the peer review privilege; however, the trial court conducted an in camera inspection and ordered limited disclosure of a narrative summary. The Louisiana Supreme Court defines “peer review” as “the process by which physicians, hospitals and other healthcare providers review the performance of other physicians and, when warranted, discipline the reviewed physician for incompetence or unprofessional conduct.”
On supervisory review, the Fourth Circuit upheld the trial court’s ruling that most documents were protected by the peer review privilege, reaffirming that materials reflecting “self-critical analysis” by hospital committees are not discoverable. However, the court ruled that the nurse practitioner and physician’s records designated strictly personnel (not prepared as part of a peer review process) fall outside the privilege—even if submitted for review. Those records must be produced with sensitive personal details redacted.
Key Point: The court emphasized that hospitals may not shield otherwise discoverable facts simply by placing them before a peer review body. Only documents genuinely reflective of the peer review process are protected. Strict application of the privilege remains the rule, but courts are quick to scrutinize overbroad claims. This ruling serves as a reminder that hospitals cannot expand the scope of peer review protections by merely placing otherwise discoverable materials before a peer review body.
