Leadbitter v. Keystone Pet of: St. Clair

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

JAMES E. LEADBITTER AND TAMMY M. : No. 86 WAL 2020 LEADBITTER, HIS WIFE : : : Petition for Allowance of Appeal v. : from the Order of the Superior Court : : KEYSTONE ANESTHESIA : CONSULTANTS, LTD., A CORPORATION, : CHRISTOPHER MERCK, D.O., AJOY : KATARI, M.D., JOHN P. WELDON, M.D., : LAURA V. MCNEILL, M.D., AND ST. CLAIR : HOSPITAL : : : v. : : : CARMEN PETRAGLIA, M.D. AND SOUTH : HILLS ORTHOPAEDIC SURGERY : ASSOCIATES, A CORPORATION : : : PETITION OF: ST. CLAIR HOSPITAL :

ORDER

AND NOW, this 15th day of September, 2020, the Petition for Allowance of Appeal

is GRANTED. The issues, as stated by petitioner, are:

(1) Whether the Superior Court’s holding directly conflicts with the Pennsylvania Peer Review Protection Act, 69 P.S. §§ 425.1, et seq., and misapplies Reginelli v. Boggs, 181 A.3d 293 (Pa. 2018), by ordering the production of acknowledged “peer review documents” solely because they were maintained in a physician’s credentialing file? (2) Whether the Superior Court’s holding directly conflicts with the Federal Healthcare Quality improvement Act, 42 U.S.C. § 11137(B)(1), and federal regulations which protect from disclosure, responses to statutorily-required inquiries of the national practitioner data bank, by ordering the production of such documents solely because they were maintained in physician’s credentialing file?

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