Payton Castillo v. David Lloyd Rex, M.D. et al.

In this appeal, we examine the privilege provided under Tennessee Code Annotated section 68-11-272, commonly referred to as the quality improvement committee or “QIC” privilege, and its application. Plaintiff filed this healthcare liability action asserting that CHI Memorial Hospital and other entities and physicians were negligent in providing care for her husband, who passed away shortly after being discharged from the hospital’s emergency room. Defendants sought a protective order based on the QIC privilege to prohibit inquiry into a meeting held by the hospital and the decedent’s family. The trial court denied Defendants’ motion. On interlocutory review, the Court of Appeals affirmed, finding that statements made in the meeting were not protected by the QIC privilege. Defendants appealed, arguing that the information sought related to QIC activities and therefore was privileged from direct or indirect discovery. We hold the QIC privilege applied to statements made during the meeting that were based on information obtained during the QIC process, but Memorial waived the privilege when hospital management voluntarily disclosed that privileged information.