Q: Can demand for incident/adverse event reports be included into Production Requests?

A: Ask for whatever you want. This places the burden on the opposing party to either produce the requested documents or state the basis for their objection.

A: In California, incident reports and adverse event reports are generally protected from discovery under Evidence Code Section 1157. This section provides that records and proceedings of organized committees that have the responsibility of evaluation and improvement of the quality of care rendered in the hospital are not subject to discovery.

However, the facts surrounding an incident, if available from other sources, are still discoverable. In your example, while the incident report itself may be protected, the plaintiff can still request information about the unauthorized disclosure through other means, such as interrogatories, depositions, or requests for production of documents related to the disclosure itself (but not the incident report).

A plaintiff can propound a Special Interrogatory asking about the hospital's criteria for incident/adverse event reporting. However, the hospital may object to this interrogatory based on Section 1157 if answering would reveal the contents of protected peer review or quality assurance discussions.

In summary, while the incident report itself is likely not discoverable, the plaintiff can still seek information about the underlying event through other discovery methods. It's advisable to consult with a qualified California attorney experienced in medical malpractice and discovery matters to determine the best approach for your specific case.