DBMS appellate victory named by AMA among 2018 top five medical decisions

December 19, 2018

The American Medical Association (AMA) has named Daley v. Teruel, a case won by DBMS attorneys Sherri Arrigo, Karen DeGrand and Laura Ieremia, in the AMA’s list of five decisions standing out as cases advocating for physicians and their patients.

In an article titled “5 Medical Court Cases That Mattered in 2018,” the Daley case was cited as an example of proper use of the federal Patient Safety Act and Quality Improvement Act (PSA) which protects patient safety reports from discovery in medical malpractice cases.

The appellate victory resulted in the first Illinois appellate court decision to hold that reports made by a hospital for purposes of improving patient safety under the PSA are privileged against discovery in a medical malpractice case. This ruling will encourage health care providers and professionals to participate in the voluntary reporting system created by the PSA and continue to improve patient care.

The PSA is a federal law that established a system in which health care providers voluntarily report patient safety information to federally-certified patient safety organizations. These organizations collect and analyze the reported data and recommend ways in which health care providers can improve patient safety and quality of care. To encourage participation, the PSA provides privilege and confidentiality protections for submitted information, which includes data, reports and written records.

Read the complete details of the Daley v. Teruel case here.