The following statute of interest was enacted recently by the Virginia General Assembly: Va. Code 8.01- 581.17.
This bill is the product of another compromise between the plaintiff’s bar and health care representatives, and attempts to govern the right of litigants to obtain information about the findings of medical boards and peer review committees. The new statute was effective 7/1/2011, and permits disclosure of factual information, but prohibits disclosure of conclusions and recommendations as well as the deliberative process. There will undoubtedly be future judicial clarification of what constitutes factual information, as distinguished from opinions and conclusions that are part of the deliberative process to improve patient care. (HB 2373 and SB 1469)
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For more information, or copies of the statute, please contact Ben Trichilo at (703) 934-1198.