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News Release Court decision to release reports on laboratory medicine services well reasoned, balanced says NLMA Executive Director Media | Media Advisories | News Releases | Statements | Backgrounders | Graphics | Letters to Editor | February 15, 2008 St. John’s, NL – Newfoundland and Labrador Medical Association (NLMA) Executive Director Robert Ritter today applauded a court ruling to release reports on laboratory medicine services at Eastern Health. “The Justice Wayne Dymond’s decision was well reasoned and balanced and, we feel, upholds the principle of privilege as it relates to peer review under the Evidence Act,” said Mr. Ritter. “In fact, the court has rejected the appeal because Eastern Health didn’t comply with the requirements of the Evidence Act. The reports were deemed to be neither peer review nor quality assurance reports.” Eastern Health had filed an application before the Trial Division of the Supreme Court to have two reports prepared by external consultants examining hormone receptor testing protected under the Evidence Act as peer review. The Commission of Inquiry examining what went wrong with breast cancer tests argued that the reports should be released to the Commission and to the public. “The evidence presented at the hearing and the court’s subsequent ruling all demonstrated an absence of clear policies and procedures by the administrative authority of Eastern Health with respect to peer review and quality assurance,” said Mr. Ritter. “By its own admission, Eastern Health needs to get its administrative house in order.” Mr. Ritter said the NLMA is comforted by the court’s remarks with respect to the actions taken by physicians to determine the extent of the problem with the hormone receptor tests and their leadership which led to the external reviews being conducted. “The NLMA is looking forward to a full and thorough discussion of what happened with hormone receptor testing at Eastern Health and believe the release of the external reviews will aid in that discussion and lead to improvements in the system,” said Mr. Ritter. “We hope that the court’s decision will provide some comfort to the public who have felt inadequately informed throughout this process,” Mr. Ritter concluded. Backgrounder
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