The Peer Review Privilege—Lessons from In Re Porche

• January 20, 2026

• Rebecca Rodman , Husch Blackwell LLP
• Anna Schroer , Husch Blackwell LLP

The peer review privilege can be a powerful tool to protect the internal processes of health care peer review committees as they engage in peer monitoring, but it is important to remain aware of the limitations of the confidentiality protection. A recent case from the Louisiana Court of Appeal, In re Porche, provides some guidance as to how that Louisiana court sets the boundaries of these protections. In this case, arising out of a wrongful death claim, the plaintiff sought records related to the health care facility’s internal investigation of her son’s medical treatment. The defendants (the hospital, treating physician, and treating nurse practitioner) argued that all the records the plaintiff sought were protected by Louisiana’s peer review statute. The court determined that certain personnel documents that included otherwise discoverable facts were not protected by the peer review privilege. However, the court determined that other documents were protected by the peer review privilege because they pertained to the actions and thoughts of the hospital’s peer review committee as it engaged in a review of the providers’ medical treatment.

ARTICLE TAGS

• Medical Staff Credentialing and Peer Review Practice Group
• Medical Staff, Credentialing, and Peer Review