Back to News

Court: Peer Review by Any Other Name Still Peer Review

Published on

August 19, 2021

Pennsylvania hospitals have some new guidance on what constitutes a protected “peer review” document after a recent Pennsylvania Supreme Court ruling.

The case, Leadbitter v. Keystone Anesthesia Consultants, involved a question of whether a hospital was required to produce an unredacted credentialing file for an orthopedic surgeon who was accused of medical malpractice. The hospital sought to withhold certain review documents that were created by its credentialing committee in considering whether to award the surgeon privileges. According to the decision, all documents that are a result of peer review activity by a hospital committee, whether it is performed by an officially deemed “peer review committee” or not, are protected and do not need to be turned over in subsequent litigation, including in medical malpractice cases.

Before the decision, only the documents of a specified “peer review committee” were protected and shielded from discovery under the Pennsylvania Peer Review Protection Act. The new decision distances itself from the high court’s formalistic analysis in the much-discussed Reginelli v. Boggs case, which held that peer review protection only applied to documents of a “review committee” but not those of a “review organization.”

The new guidance provides a pragmatic approach that focuses on whether a hospital committee is engaged in a peer review function rather than whether the hospital committee meets the formal requirements of being a “peer review committee.” Consistent with the goals of increasing the quality of health care in Pennsylvania, the approach in Leadbitter supports greater flexibility in performing peer review activities while maintaining the confidentially needed to encourage a candid discussion. 

Additionally, the Pennsylvania Supreme Court provided much needed reassurance that information provided by the National Practitioner Data Bank is protected under the federal Health Care Quality Improvement Act. The ruling aligns the federal and state obligations to maintain the confidentially of Data Bank reports.

If you have any questions about this decision or how it could affect your health care organization, please contact me or any member of the Barley Snyder Health Care Industry Group.


Related News

View More News
Press Release
April 13, 2026

Barley Snyder Named Central Penn Business Journal Legacy Business Honoree for Second Consecutive Year

For Immediate Release Lancaster, Pa. – As Barley Snyder celebrates 70 years of service, the firm has once again been named ...

Learn More
Press Release
April 8, 2026

Barley Snyder Partner Lindsey Cook Joins National Arbitration and Mediation as Hearing Officer

For Immediate Release Lancaster, Pa. – Barley Snyder is proud to announce that partner Lindsey M. Cook, co-chair of the f...

Learn More
News Alert
April 2, 2026

Superior Court Embraces Breadth of Federal Patient Safety Privilege in Fetal Tissue Mix-Up Case

On March 19, 2026, the Pennsylvania Superior Court (“Court”) issued a precedential opinion in the case of Griffin v. Bryn...

Learn More

Other Upcoming Events

View All Upcoming Events
May
19
8:00 am
-
5:00 pm
event
Location

43rd Annual Employment Law Seminar

Learn More
Jun
04
7:30 am
-
12:00 pm
event
Location

Wake Up With Barley: A Morning on Real Estate 2026

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers