How to preserve attorney-client privilege
Health Care Auditing Strategies, January 1, 2005
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Healthcare organizations that conduct internal investigations face two overriding needs: the need to promptly obtain accurate information and to respond appropriately; and the need to maintain the confidentiality of the investigation and protect acquired information from undesired disclosure.
Privilege issues often present the thorniest problems for these organizations. Employee interviews, the selection and review of investigation-related documents, the preparation of legal and factual memoranda, and the final investigation report all potentially implicate the attorney-client privilege, work-product protection, and self-evaluative privilege. Organizations must guard these protections, because decisions affecting them can have a dramatic effect upon the ultimate outcome of an internal investigation.
Protect confidentiality
Always follow certain standard procedures to protect the attorney-client privilege, work-product protection, and self-evaluative privilege.
This is an excerpt from a member only article. To read the article in its entirety, please login.
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