Can a member of a peer review committee participate in the peer review process if their comments are discovered in a damage action?

California, United States of America

The following excerpt is from California Eye Institute v. Superior Court, 215 Cal.App.3d 1477, 264 Cal.Rptr. 83 (Cal. App. 1989):

Candid and frank participation in peer review proceedings is encouraged by assuring peer review activities will not be put to adverse use in a damage action. Participation in peer review would be inhibited if a committee member's comments could be discovered in a damage action against a committee member or others. In Brown v. Superior Court, supra, 168 Cal.App.3d at page 501, 214 Cal.Rptr. 266, the court stated:

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