Carr v. Howard

This case presents the question whether, during the discovery process, the confidentiality provisions of G. L. c. Ill, §§ 204 and 205, preclude in camera review of “incident reports” by a trial judge to determine whether the medical peer review committee privilege of § 204 applies. We hold that in camera review is not appropriate in this case.

I

On July 22, 1993, Stanley W. Howard (Howard), a psychiatric patient at New England Deaconess Hospital (Deaconess), broke away from an escort as he was being transported between buildings and jumped to his death from the fifth floor of the hospital…