In Kentucky, common law president permits discovery of peer review documents. Ohio Rev. Code § 2305.252 protects peer review discovery.
In Saleba v. Schrand, the estate of a Kentucky resident sued an Ohio physician and Good Samaritan Hospital, located in Cincinnati, Ohio, in Kentucky based upon the results of medical services performed in Ohio. The Kentucky Supreme Court affirmed an appeals court ruling that, under Kentucky’s choice of law rules, documents that would have been protected by Ohio’s peer review privilege were discoverable in a medical malpractice action brought in Kentucky.