Litigation Center

DOJ finds HHS 2016 Guidance is inconsistent with the Patient Safety Act and AHRQ rules.  Charles was wrongly decided.  See HHS Statement of Interest.pdf

The AQIPS Litigation Center serves as the voice of PSOs and their members to preserve their ability to improve quality of patient care through the privilege and confidentiality protections afforded in the PSQIA in legal proceedings across the country.

Litigation Center Services/Activities

Expert Witness Services:  AQIPS provides expert testimony in litigation on whether the PSES was designed properly and whether information is privileged patient safety work product.  Members see Expert Statement and Deposition. 

Litigation Advice and Strategy:  AQIPS Litigation Counsel are available to assist defense counsel in defending and preparing their cases. AQIPS provides support and general advice to members confronting litigation relating to the PSQIA, its privilege and confidentiality protections.  

Amicus Curiae:  In litigation, AQIPS serves as amici to preserve PSOs’ ability to improve patient care.

     AQIPS Amicus Brief in Tibbs v. Bunnell, On Petition For a Writ Of Certiorari to the US Supreme Court

Patient Safety Act Cases:  Monitor and collect decisions of the federal and state courts impacting PSQIA, PSOs and Providers: AQIPS White Paper on Trends in PSQIA Case Law can be found here.

Petition to the Federal Court Committee on Rules of Practice and Procedure

AQIPS is petitioning the Federal Court Committee on Rules of Practice and Procedure to amend Federal Civil Procedure  Rule 45, to add paragraph (h): "Patient Safety Organization - Limitation on Actions; a Patient Safety Organization (PSO) cannot be compelled to disclose information it collected or developed, whether or not such information is patient safety work product, unless the information is identified, is not patient safety work product, This provision is unique to federal subpoena practice by providing immunity to a PSO for patient safety work product in its possession while placing on the person issuing the subpoena the burden of proving that the identified information is not patient safety work product and cannot be reasonably obtained from another source. 

The amendment is important to secure the public policy and public health basis that Congress intended to allow for the collection of health care quality data, analysis and provision of feedback (recommendations, best practices, clinical guidelines) for the benefit of patients. The petition is posted in the Federal Rules of Practice & Procedure section of the website as Docket No. 17-CV-B.   A copy of the cover letter and petition can be found here.