ISSUE: Kibler, a staff physician sued Northern Inyo County Local Hospital District for defamation. The Medical staff suspended his staff privileges for hostile and violent behavior. Can the Physician sue the Medical Staff and the Hospital for defamation?
Supreme Court of California in Kibler vs. Northern Inyo County Local Hospital District on July 20, 2006 said this complaint for defamation filed by the physician is a strategic lawsuit against public participation (SLAPP under Civil Code Section 425.16) and is subject to a special motion to strike and therefore cannot sue the hospital.
The hospital peer review proceeding was an official proceeding authorized by law. Peer review is the process by which a committee comprised of licensed medical personnel at a hospital evaluates physicians applying for staff privileges, establishes standards and procedures for patient care, assesses the performance of physicians current on staff, and reviews other matters critical to the hospital's functioning.
Peer review serves a hospital's self interest: For example, a hospital may remove a physician from its staff as a means to reduce its exposure to possible malpractice liability. Hospital peer review, in the words of the legislature, is essential to preserving the highest standards of medical practice throughout California.
The peer review is also subject to judicial review by administrative mandate.
Thus, the legislature has accorded a hospital's peer review decisions, a status comparable to that of quasi-judicial public agencies whose decisions likewise are reviewable by administrative mandate. California Hospital Association filed an amicus curiae brief (a friend of the court brief) arguing the above position.
CMA filed an amicus Curiae brief on behalf of the physician arguing that the official proceeding authorized by law applies only to proceedings before governmental entities and thus does not include a hospital's peer review proceedings.
The court disagreed with CMA. There was no dissent in this case. All justices agreed with the decision.
Writer's Opinion
In some instances quality review in a hospital against a physician is initiated in order to prevent competition rather than honestly evaluating the physician with a concern towards consumer protection.
In such instances a negative finding by the medical staff and reporting of such finding to the medical board by 805 report can have consequence that dramatically affects the livelihood of the physician. Should the law provide that the physician can bring an action against the medical staff and the hospital and prevail?
CMA can take up this issue and seek a remedy from California Legislature in light of this Supreme Court Decision.
Shan Thever is Former Member of The California Medical Board, Governor Jerry Brown Appointee Member, Academy of Attorneys for Health Care Dr. Balasubramaniam MD, Immediate Past President of American Association of Physicians of Indian Origin
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