Hill v. Sandhu’s Empirical Analysis

Citation profile

3 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" Kan. Stat. Ann. § 65-4915 (4)(b) clearly states that `the reports, statements, memorandums, proceedings, findings, and other records of peer review committees or officers shall be privileged...." [Emphasis added]. The language clearly does not include reports reviewed by the committee. See Porter v. Snyder, 115 F.R.D. 77, 78 (D. Kan. 1987). In Porter , Judge Kelly found that the analogous language of the risk management privilege, Kan. Stat. Ann. § 65-4925 , did `not include incident reports which [were] not reports of the review committee, but rather [were] contemporaneous statements of fact relating to incidents which [were] reviewed by the committee. Thus, incident reports are distinguishable from the committee's reports and are not included within 65-4925(a)'s protection.' [Emphasis supplied.] Porter, 115 F.R.D. at 78 . No reason appears why the same analysis is not applicable to Kan. Stat. Ann. § 65-4915 ." 129 F.R.D. at 550 .”

   2 later decisions quote this exact passage
   e.g. STATE EX REL. KIRKSVILLE MISSOURI HOSP. CO. v. Jaynes · Adams v. St. Francis Regional Medical Center

2. ““Peer review” means any of the following functions: (A) Evaluate and improve the quality of health care services rendered by health care providers; (B) determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; (C) determine that the cost of health care rendered was considered reasonable by the providers of professional health services in this .area; (D) evaluate the qualifications, competence and performance of the providers of health care or to act upon matters relating to the discipline of any individual provider of health care; (E) reduce morbidity or mortality; (F) establish and enforce guidelines designed to keep within reasonable bounds the cost of health care; (G) conduct of research; (H) determine if a hospital’s facilities are being properly utilized; (I) supervise, discipline, admit, determine privileges or control members of a hospital’s medical staff; (J) review the professional qualifications or activities of health care providers; (K) evaluate the quantity, quality and timeliness of health care services rendered to patients in the facility; (L) evaluate, review or improve methods, procedures or treatments being utilized by the medical care facility or by health care providers in a facility rendering health care.”

   1 later decision quote this exact passage
   e.g. Balk v. Dunlap

3. “Except as provided by K.S.A. 60-437 and amendments thereto and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records of peer review committees or officers shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process. This privilege may be claimed by the legal entity creating the peer review committee or officer, or by the commissioner of insurance for any records or proceedings of the board of governors.”

   1 later decision quote this exact passage
   e.g. Balk v. Dunlap