Nevada Supreme Court
Sunrise Hosp. v. Eighth Jud. Dist. Ct.
March 7, 2024140 Nev. Adv. Op. No. 12
Summary
The Nevada Supreme Court held that under the federal Patient Safety and Quality Improvement Act, identifiable patient safety work product is absolutely privileged and the privilege cannot be waived. Accordingly, the district court erred in finding a waiver and in compelling testimony, and the petition for a writ of prohibition was granted, directing the lower court to first determine whether the testimony sought is identifiable or non‑identifiable patient safety work product before ruling on the motion to compel.