Wright R F, Smith J C
Wake Forest University School of Law.
Public Health Rep. 1990 Jan-Feb;105(1):13-23.
Recently, the functioning of State-level expert review committees, operating under the auspices of professional medical societies, has become problematic. In particular, an increased number of State maternal mortality review committees have become inactive or disbanded primarily because of concern over liability of committee members and committee proceedings being used in litigation. A study was conducted of legal protection of the expert review process at the State level. The relevant immunity and privilege statutes of each State and the protection afforded by State law were analyzed. Findings show that, in all but a few States, the legal risk of participating in expert review is negligible. Most States have statutes that protect information involved in the review process from disclosure or use in subsequent litigation. Laws in most States also protect participants in the review process (both members of committees and providers of information) from civil liability.
最近，在专业医学协会主持下运作的国家级专家评审委员会的职能出现了问题。特别是，越来越多的州孕产妇死亡率评审委员会已停止运作或解散，主要原因是担心委员会成员的责任以及委员会程序被用于诉讼。对州一级专家评审过程的法律保护进行了一项研究。分析了每个州的相关豁免权和特权法规以及州法律提供的保护。研究结果表明，除少数几个州外，参与专家评审的法律风险可以忽略不计。大多数州都有法规保护评审过程中涉及的信息不被披露或用于后续诉讼。大多数州的法律还保护评审过程中的参与者（委员会成员和信息提供者）免于民事责任。
