A Patient Safety Act Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in Keyworth v. CareOne at Madison Avenue, a matter that actually involves two consolidated cases. The question presented, as phrased by the Supreme Court Clerk’s office, is “Are the documents at issue privileged under the Patient Safety Act, N.J.S.A. 26:2H-12.23 to -12.25?” The Law Division ruled that the documents, which were incident/investigation reports that related to injuries to the two plaintiffs in separate occurrences, were not privileged. In an opinion reported at 476 N.J. Super. 86 (App. Div. 2023), the Appellate Division applied de novo review to the legal issue presented and reversed the Law Division’s decision, finding that the reports were absolutely privileged.