A federal court in Houston recently refused to compel production of a hospital's peer review documents after finding that they were subject to
privilege in a case which asserted both state law negligence claims and violations of the Emergency Medical Treatment and Active Labor Act (EMTALA).
In Guzman v. Memorial Hermann Hosp. Sys., Ms. Wendy Guzman brought an action against Memorial Hermann Hospital System (Memorial Hermann) on
behalf of her son, Tristan, asserting federal claims under EMTALA, including failing to provide appropriate medical screening, failing to
stabilize Tristan's condition before discharging him, and failing to provide an appropriate transfer in a timely manner. Additionally, Ms. Guzman
brought state law negligence claims against Memorial Hermann; Philip Haynes M.D., Ph.D., the physician who saw Tristan; and his practice group,
Memorial Southeast Emergency Physicians, LLP.
In connection with the claims asserted by Ms. Guzman, she sought to compel production of Memorial Hermann's post-incident peer review
documentation related to Tristan's care. Consequently, Memorial Hermann sought a protective order asserting that the peer review documents were
confidential and privileged.
In cases involving conflicting state and federal laws, the federal "preemption" doctrine typically requires application of the federal law. In
this case, however, the court refused to compel production of the peer review documents despite the lack of protection afforded such documents
under federal law. The decision was based on a finding that the documents were relevant only to Ms. Guzman's state claim of negligence. Such
peer review documents are privileged under Texas law, but would be admissible in a federal case as federal law affords no such protection.
Despite the fact that the case was heard by a federal court, the preemption doctrine did not apply and, instead, the court applied state law,
finding that because the documents held no relevance to the federal EMTALA claim asserted by Ms. Guzman, the federal law should not apply and, as
a result, the peer review documents were privileged under Texas law.
The case recognizes important protections for Texas hospitals' peer review documentation.
If you have any questions, please contact Lisa Miller at 210.978.7781 or
lsmiller@jw.com.
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