Lobbying Affiliate: MML&K Government Solutions

Kentucky Association of Health Care Facilities (KAHCF) conference featured McBrayer Attorney Kathryn Eckert discussing: Discovery, the Gatekeeper of Defense Verdicts


November 16, 2017

Document production is one of, if not the most important, aspects of a nursing home case. The Kentucky Supreme Court in (Baptist Health Richmond, Inc. v. Clouse, 497 S.W.3d 759 (KY 2016), held that if documents are maintained within the facility’s patient safety evaluation system, the requesting party must show that the documents and information were required for compliance with state statutory and regulatory reporting requirements. The adoption of this standard and shifting of burden has given defense counsel an argument for privilege. The session focused on how facilities and its providers can organize and author such documents to best position itself to argue privilege. It also opened discussion for practitioners defending lawsuits to put forth the best argument to preclude such discovery.

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