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Thursday, October 05, 2023

New Health Care Liability Action Opinion: Trial Court's Denial of a Protective Order Regarding What Was Said at a CANDOR Meeting Upheld on Appeal

The Tennessee Supreme Court has released its opinion in Catillo v. Rex, No. E2022-00322-COA-R9-CV (Tenn. Ct. App. Oct. 5, 2023). The syllabus reads:

The plaintiff filed this healthcare liability action against several healthcare providers following the death of her husband. We granted this interlocutory appeal in which the defendants request review of the trial court’s denial of their motion for a protective order to prohibit further inquiry into a meeting held between the defendant hospital and the decedent’s family. We affirm the trial court.

Here is a link to the slip opinion: Castillo v. Rex, M.D. Opinion UNSIGNED.pdf (tncourts.gov).

NOTE: This opinion does a great job of explaining why the quality improvement committee privilege does not apply in this situation. This is a must-read opinion for any lawyer who handles medical malpractice case (f/k/a medical malpractice cases) governed by Tennessee law.  

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