American Journal of Law & Medicine

Evidence: doctor granted right to access his own record.(Pennsylvania)

Evidence: Doctor Granted Right to Access His Own Record--Hayes v. Mercy Health Corp.(1)--The Supreme Court of Pennsylvania held that the confidentiality provision of the state's Peer Review Protection Act does not apply to internal hospital review records when a physician questions the fairness of the review process.(2)

The Mercy Catholic Medical Center (MCMC) suspended the clinical privileges of Timothy J. Hayes, a general surgeon, based on a patient care incident that resulted in a malpractice suit. After review hearings, MCMC's peer review panel unanimously recommended overturning Hayes's suspension "because the facts [did] not support suspension."(3) Consequently, in an audio-recorded meeting, MCMC's Medical Board approved the panel's findings, but changed the wording, stating that the "facts [did] not support continued suspension. …

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