Health Care Senior Counsel Michael Callahan spoke with Medical Staff Briefing for an article about the diligence required to be sure "peer-review" protected documents are not inadvertently disclosed.

Michael suggested medical service professionals (MSPs), who are involved with the credentialing and privileging of physicians and other licensed providers, should establish a system of checks and balances before handing any documents over in response to a request for information in a medical malpractice case. They also need to understand the differences between what is considered privileged material under state law and under the federal Patient Safety Act.

"You almost have to have three different files," Michael said. "One with privileged information under state law, one with privileged information under the Patient Safety Act, and one with privileged information under both."

Michael further discussed processes to review and update those records to make sure they are accurate and up to date. He also suggested a set of questions that MSPs should keep in mind when going paperless.

"Keeping information peer-review protected in the digital age," *Medical Staff Briefing, June 13, 2023

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