New York Bars Access to Dr.'s Applications for Credentialing.

CASE ON POINT: LOGUE V. VELEZ, 699 N.E.2d 365 - NY (1998)

ISSUE: It is almost universally accepted that peer review records, with minor exceptions, are privileged and not subject to disclosure. In this interesting New York case, the courts were confronted with a question of whether or not physicians' applications for credentialing required by the New York State Education Law were subject to disclosure or were privileged from disclosure.

CASE FACTS: Barbara and James Logue brought a medical malpractice suit against Lake Shore Hospital and others seeking recovery for injuries that Barbara allegedly sustained while undergoing laparoscopic cholecystectomy surgery to remove her gall bladder which was performed by Dr. Robert Barnes. The plaintiffs' …