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Related Experiment Videos

State level expert review committees--are they protected?

R F Wright1, J C Smith

  • 1Wake Forest University School of Law.

Public Health Reports (Washington, D.C. : 1974)
|January 1, 1990
PubMed
Summary

State expert review committees face challenges due to liability concerns. However, legal analysis reveals minimal risk for participants, with most states offering statutory protections against disclosure and civil liability.

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Area of Science:

  • Public Health
  • Medical Law
  • Healthcare Policy

Background:

  • State-level expert review committees, vital for professional medical societies, are experiencing functional decline.
  • This decline is largely attributed to concerns regarding member liability and the potential use of review proceedings in litigation.
  • Specifically, State maternal mortality review committees have become inactive or disbanded.

Purpose of the Study:

  • To investigate the legal protections available to State-level expert review processes.
  • To analyze the extent of legal immunity and privilege afforded to committee members and proceedings across all states.

Main Methods:

  • A comprehensive review of immunity and privilege statutes in each U.S. state was conducted.
  • State laws protecting the expert review process and its participants were analyzed.
  • The legal risk associated with participation in expert review was assessed.

Main Results:

  • In most states, the legal risk for participants in expert review is negligible.
  • The majority of states possess statutes shielding review process information from disclosure or litigation use.
  • State laws generally protect both committee members and information providers from civil liability.

Conclusions:

  • Legal protections for State-level expert review committees are robust in most jurisdictions.
  • Concerns over liability are largely unfounded due to existing statutory safeguards.
  • These findings suggest that barriers to the functioning of expert review committees can be mitigated by understanding and leveraging existing legal protections.

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