
In re WHMC:
a. In a wrongful death suit, the plaintiff tried to get credentialing records.
b. If records are given for information only, then the records are not privileged. IF the executive committee got the records, or asked for the records to be created, then those documents would be privileged.
c. The fact that the documents were considered by the committee does not mean they are privileged. The hospital committee privilege does not apply to “records made or maintained in the regular course of business by a hospital.
d. If the Executive Committee recreates reports and documents for their use, then they become privileged.
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