Discovery Orders and the Peer-Review Privilege

Traditionally a safeguard exclusively available to journalists, shield laws in many jurisdictions have gradually broadened in scope and now protect material generated and relied upon by many professionals when conducting research for publication. But according to Daniel Schwartz in his April Illinois Bar Journal article, “Discovery Orders and the Peer-Review Privilege,” few cases in Illinois discuss the applicability of shield laws to medical research. Whether—and to what extent—medical research is discoverable therefore remains an unsettled issue, Schwartz argues. To bring coherency to Illinois law governing discovery requests for medical research, Schwartz examines discovery requests litigated under the Illinois Medical Studies Act and several state and federal discovery provisions. He also highlights the factual and doctrinal significance of the cases discussed and notes important considerations for legal practitioners seeking to issue or bar a request to produce medical research.

Read more in the April issue of the Illinois Bar Journal.