In this medical malpractice suit, the defendant hospital Wilkes-Barre General Hospital sought to protect certain reports made in the wake of a botched medical procedure. The hospital claimed that the reports were privileged pursuant to the Patient Safety Quality Improvement Act and the Peer Review Protection Act. The trial court disagreed and ordered the materials to be produced in discovery. The Superior Court affirmed, finding that the hospital had not met its initial burden to establish that either of the acts protected the materials from discovery.
