McKnight’s Long-Term Care News: Sandra Cianflone on Health Care Facilities’ Internal Investigation Process

In an article published on June 22, 2023, in McKnight’s Long-Term Care News, Atlanta Partner Sandra Cianflone provides insight on a recent superior court decision that confirms that health care facilities’ internal investigation process is privileged and cannot be used in discovery or admitted as evidence in court.

“The decision serves as a full-throated confirmation from the Appellate Division that these privileges exist to allow our health care providers and facilities to further patient safety and care quality without the fear of retribution,” she said in an interview with the publication.

However, facilities must ensure their processes adhere to state requirements or they could subject to discovery. “This decision should serve providers and facilities with a reminder that the privilege exists only if they are in statutory compliance,” she added. “Perhaps a ‘full stop’ is needed to have counsel and risk management teams assess their current processes to ensure complete compliance in the future.”

You can read the full article on the McKnights Long-Term Care News site.