Cocca & Cutinello, LLP obtains a win for patient safety in the Appellate Division

In the recent published decision, Keyworth v. Careone at Madison Ave., 476 N.J. Super. 86 (App. Div. 2023), the Appellate Division granted interlocutory appeal in two consolidated cases where the trial court released the health care facilities’ incident reports and witness statements developed as part of its Patient Safety Plan, based on a finding that they were relevant and contained factual material only. On appeal, the Court reversed and held that both the factual findings of a health care facility as well as its conclusions and deliberative processes are entitled to the absolute protections of the Patient Safety Act privilege. As such, the Court held that the incident reports and witness statements enjoy the same protections under the Patient Safety Act as the materials reported to the State, which are also absolutely privileged.