Why keep a privilege log for your risk management department?

Written By Charles Maness, MSACC, BSN, RN, LNC, CPHRM

A privilege log is a document that lists privileged, confidential information that a party withholds from disclosure based on possible or actual litigation, whether currently or in the future. Risk management privilege logs can be beneficial in several ways:

  • Protection of Privileged Information.

    • By creating a privilege log, an organization can protect confidential or
      sensitive information from disclosure during litigation. The privilege log
      can identify the specific documents ordatan that are subject to
      privilege, making it easier to manage and protect this information.

    • Failure to create a privilege log may result in a Waiver of Privilege. A
      Waiver of Privilege is a failure to properly identify and withhold
      privileged information subjecting the information to the legal discovery
      process during litigation. This means that the information may be
      disclosed to the opposing party and potentially used against the
      organization during litigation.

  • Strategic Advantage and Disadvantage.

    • A privilege log can also be used as a strategic tool during litigation. By
      identifying the specific documents or information that are subject to
      privilege, an organization can give its attorneys a better understanding of
      the strengths and weaknesses of their case and make informed decisions
      about which information to disclose and which to withhold.

    • A significant disadvantage of not having a privilege log is that the
      the organization may not have a clear understanding of the strengths and
      weaknesses of its case, putting them at a strategic risk during litigation
      from being unable to make informed decisions about what information to
      disclose or withhold.

    • An order by the Court disallowing privilege on a document may place
      the organization and brand at risk depending on the information
      contained within the document and a compensable risk to the legal
      litigation outcome.

  • Cost Management.

    • A privilege log can help decrease production costs by decreasing search
      and research times for targeted items during the discovery process. This is
      because the privilege log allows an organization to identify and withhold
      privileged information more efficiently, reducing the number of documents
      that need to be reviewed and produced.

    • Without the organizational benefits of the privilege log, a loss of control
      over the production process may decrease available resources that could
      be placed toward process improvement activities, risk assessments and
      mitigation strategies, and safety programs.

Charles Maness, MSACC, BSN, RN, LNC, CPHRM

ARM FOR SUCCESS Founder Charles H. Maness, MSACC, BSN, RN, LNC, brings a wealth of expertise and a sales-driven mentality to the legal nurse consulting and risk management industries. As a Registered Nurse, his critical care and emergency services background spans nearly four decades. He holds a Master’s Degree in Accounting Finance specializing in corporate finance; combined with his nursing, legal education, and paralegal experience, he delivers exceptional value and results to ARM FOR SUCCESS clients.

As a highly educated professional, Charles holds a Master's degree in Accounting (MSACC) and a Bachelor of Science in Nursing (BSN) and has completed significant coursework in law toward a Juris Doctorate. In addition, he is a paralegal, further enhancing his understanding of the legal aspects of healthcare.

Charles's diverse educational background and comprehensive experience allow him to approach each client's needs with a deep understanding of the intricate workings of the healthcare system. His expertise spans many areas, including medical record review, risk management consultation, compliance consulting, and legal considerations within the healthcare industry. With his well-rounded knowledge, Charles is uniquely equipped to provide guidance that considers our client's operations' medical and legal aspects.

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