peer review privilege (Indiana) · Go Syfert
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peer review privilege in Indiana

11 Indiana opinions name it 2 courts 1988–2011 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Terre Haute Regional Hospital, Inc. v. Basdengreen
indctapp · 1988 · cited in 7 Indiana opinions naming this issue, 1988–2011
2 sentences

2011See id. at 238 , 268 N.E.2d at 99 (mindful "not [to] discount the concern of the Indiana General Assembly that the confidential nature of the physician-patient relationship be preserved at the cost of rendering certain evidence inadmissible," but concluding that a patient waives the privilege "by pursing a course of conduct inconsistent with a continued observance of the privilege"); Terre Haute Reg'l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1309-11 (Ind.Ct.App.1988) (refusing to write-in a good faith requirement or to require a balancing test in the application of the peer review privilege); s

2011See id. at 238 , 268 N.E.2d at 99 (mindful “not [to] discount the concern of the Indiana General Assembly that the confidential nature of the physician-patient relationship be preserved at the cost of rendering certain evidence inadmissible,” but concluding that a patient waives the privilege “by pursing a course of conduct inconsistent with a continued observance of the privilege”); Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1309-11 (Ind.Ct.App.1988) (refusing to write-in a good faith requirement or to require a balancing test in the application of the peer review privilege); s

37
Collins v. Bairgreen
ind · 1969 · cited in 3 Indiana opinions naming this issue, 2001–2011
2 sentences

2011See id. at 238 , 268 N.E.2d at 99 (mindful “not [to] discount the concern of the Indiana General Assembly that the confidential nature of the physician-patient relationship be preserved at the cost of rendering certain evidence inadmissible,” but concluding that a patient waives the privilege “by pursing a course of conduct inconsistent with a continued observance of the privilege”); Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1309-11 (Ind.Ct.App.1988) (refusing to write-in a good faith requirement or to require a balancing test in the application of the peer review privilege); s

2011See id. at 238 , 268 N.E.2d at 99 (mindful “not [to] discount the concern of the Indiana General Assembly that the confidential nature of the physician-patient relationship be preserved at the cost of rendering certain evidence inadmissible,” but concluding that a patient waives the privilege “by pursing a course of conduct inconsistent with a continued observance of the privilege”); Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1309-11 (Ind.Ct.App.1988) (refusing to write-in a good faith requirement or to require a balancing test in the application of the peer review privilege); s

33
Massey v. Stategreen
ind · 1978 · cited in 2 Indiana opinions naming this issue, 2011–2011
2 sentences

2011See id. at 238 , 268 N.E.2d at 99 (mindful “not [to] discount the concern of the Indiana General Assembly that the confidential nature of the physician-patient relationship be preserved at the cost of rendering certain evidence inadmissible,” but concluding that a patient waives the privilege “by pursing a course of conduct inconsistent with a continued observance of the privilege”); Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1309-11 (Ind.Ct.App.1988) (refusing to write-in a good faith requirement or to require a balancing test in the application of the peer review privilege); s

2011See id. at 238 , 268 N.E.2d at 99 (mindful “not [to] discount the concern of the Indiana General Assembly that the confidential nature of the physician-patient relationship be preserved at the cost of rendering certain evidence inadmissible,” but concluding that a patient waives the privilege “by pursing a course of conduct inconsistent with a continued observance of the privilege”); Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1309-11 (Ind.Ct.App.1988) (refusing to write-in a good faith requirement or to require a balancing test in the application of the peer review privilege); s

22
Village of Downers Grove v. Illinois State Labor Relations Boardgreen
illappct · 1991 · cited in 1 Indiana opinions naming this issue, 2001–2001
2 sentences

2001Joseph Hosp., 176 1ll.App.8d 737, 126 Ill.Dec. 197 , 581 N.E.2d 824, 828 (1988) (concluding that interrogatories seeking the nature and extent of a physician's staff privileges and any restrictions imposed on the physician's privileges are appropriate because such information is not protected by the peer review privilege), appeal denied (1989). "[Oluly action[s] taken during the peer-review process are protected under the Act." Id. (emphasis added).

2001Joseph Hosp., 176 1ll.App.8d 737, 126 Ill.Dec. 197 , 581 N.E.2d 824, 828 (1988) (concluding that interrogatories seeking the nature and extent of a physician's staff privileges and any restrictions imposed on the physician's privileges are appropriate because such information is not protected by the peer review privilege), appeal denied (1989). "[Oluly action[s] taken during the peer-review process are protected under the Act." Id. (emphasis added).

11
Munoz-Lopez v. United Statesgreen
scotus · 1989 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Here, the purpose and policy of both the Indiana and Illinois peer review privileges are the same: to foster an effective review of medical care by permitting the members of the peer review panel to communicate "candidly, objectively, and consecientiously." Terre Haute Reg Hosp., Inc. v. Bas-den, 524 N.E.2d 1306, 1811 (Ind.Ct.App. 1988); see Knapp v. Palos Cmty. Hosp., 176 Tll.App.3d 1012, 126 IIlLDec. 862, 5831 N.E.2d 989 , 995 (1988) (stating that the purpose of the peer review privilege "is to ensure the effectiveness of professional self-evaluation, by members of the medical profession, in

11
Winer v. Nixongreen
scotus · 1989 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Here, the purpose and policy of both the Indiana and Illinois peer review privileges are the same: to foster an effective review of medical care by permitting the members of the peer review panel to communicate "candidly, objectively, and consecientiously." Terre Haute Reg Hosp., Inc. v. Bas-den, 524 N.E.2d 1306, 1811 (Ind.Ct.App. 1988); see Knapp v. Palos Cmty. Hosp., 176 Tll.App.3d 1012, 126 IIlLDec. 862, 5831 N.E.2d 989 , 995 (1988) (stating that the purpose of the peer review privilege "is to ensure the effectiveness of professional self-evaluation, by members of the medical profession, in

11
Mulder v. Vankersengreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2001–2001
2 sentences

2001See Mulder v. Vankersen, 637 N.E.2d 1335, 1339-40 (Ind.Ct.App.1994) ("The peer review privilege may only be waived by the execution. of a waiver in writing....

2001See Mulder v. Vankersen, 637 N.E.2d 1335, 1339-40 (Ind.Ct.App.1994) ("The peer review privilege may only be waived by the execution. of a waiver in writing....

11
Franco v. DIST. COURT IN & FOR CITY & CTY.green
colo · 1982 · cited in 1 Indiana opinions naming this issue, 1988–1988
2 sentences

1988To engraft a good faith limitation on the peer review privilege would have the inevitable effect of derogating from the quality of the peer review process." Franco 641 P.2d at 930-31.

1988To engraft a good faith limitation on the peer review privilege would have the inevitable effect of derogating from the quality of the peer review process." Franco 641 P.2d at 930-31.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Ray v. St. John's Health Care Corp. green
indctapp · 1991
2 sentences

2004John's Health Care Corp., 582 N.E.2d 464 (Ind.Ct.App.1991), we addressed a trial court's grant of a blanket claim of "peer review" privilege regarding hospital documents, holding that "the trial court should have conducted an in camera review on a document-by-document basis to determine whether the materials sought were protected by the peer review privilege." Id. at 474 .

2004John's Health Care Corp., 582 N.E.2d 464 (Ind.Ct.App.1991), we addressed a trial court's grant of a blanket claim of "peer review" privilege regarding hospital documents, holding that "the trial court should have conducted an in camera review on a document-by-document basis to determine whether the materials sought were protected by the peer review privilege." Id. at 474 .

61992–2004
In Re Kefalidis green
indctapp · 1999
1 sentence

2004Therefore, in Kefalidis, we held that the trial court was obliged to consider the witnesses' claim of privilege in camera and on a question-by-question basis. - Kefalidis, 714 N.E.2d at 250 .

12004–2004

Statutes the citing opinions construe

IN § Ind. Code § 25-23.6-6-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 30 (2002–2026) TX 22 (1997–2023) CA 15 (2001–2025) MA 14 (1994–2025) PA 13 (1982–2023) KY 13 (1999–2021) IN 11 (1988–2011) MI 11 (2003–2018) WV 7 (1992–2023) IL 6 (2002–2023) AZ 5 (1987–2021) UT 4 (2018–2024) CT 4 (1999–2011) DE 4 (2016–2021) RI 4 (1991–2011) FL 4 (1994–2008) TN 4 (1981–2010) GA 3 (1997–2018) MS 3 (1996–2023) CO 3 (1982–2012) MD 3 (1991–2006) LA 3 (1999–2025) AL 2 (2000–2000) AR 2 (2010–2019) MO 2 (1984–2002) NC 2 (2007–2016) ID 2 (2021–2023) IA 2 (2011–2012) SD 2 (2004–2016) WA 2 (2012–2012) NV 2 (1997–2000) ND 2 (1996–1999) KS 2 (1998–2017) VT 2 (1990–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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