Are Statements to the Board of Medical Examiners Privileged?

When certain medical providers are sued in Nevada, they must submit a prepared statement to the Board of Medical Examiners about it. Clearly a plaintiff/patient is interested in what the doctor has to say, but is it discoverable? A-11-639548-C addressed this question at a February 20, 2013 hearing. The plaintiff also wanted the doctor to produce his insurance applications and renewal forms after the event to see what he said about the lawsuit.

Deft was required to prepared a statement to allegations, and sent it to Nevada Board of Medical Examiners. Arguments by counsel. Ms. Ellerton requested to supplement briefing. COMMISSIONER RECOMMENDED, motion is GRANTED IN PART with parameters; the Doctor is REQUIRED to produce statement to Nevada Board of Medical Examiners as an exception to the Statue; Ms. Ellerton will review statement, and if it’s protected by attorney/client privilege (or another privilege), Ms. Ellerton can REDACT statement, and prepare a privilege log; if statement is privileged, Ms. Ellerton must submit the statement with redactions and privilege log to Commissioner for IN CAMERA REVIEW; Commissioner will contact counsel by conference call; 2.34(e) relief is GRANTED, and Ms. Ellerton will turn over statement three business days after Court signs recommendation; insurance applications are DENIED; no attorney fees or costs.