Hospital protected by peer review privilege

The Texas Supreme Court ruled that a trial court judge should not have given a physician access to a hospital’s peer review files without first determining if the hospital took disciplinary action against the physician.

Christus Santa Rosa Health System convened a medical peer review committee to discuss the performance of one its physicians, Gerald Marcus Franklin, MD, following a failed thyroid tissue removal. Franklin was also sued for malpractice by the patient, and in response, he designated Christus as a responsible third party and sought access to the peer review files regarding the case. Christus withheld the file, asserting its protection under Texas’s peer review privilege; but upon Franklin’s motion to compel, the trial court ordered Christus to produce the file. Franklin argued that an exception to the peer review protection law should be made and he should have access to the peer review files because the hospital had an opportunity to recommend discipline.

However, the Texas Supreme Court disagreed, saying it was too broad of an interpretation. “Allowing an exception every time a medical peer review committee evaluated a physician’s actions, regardless of whether any further action was taken, would render the exception meaningless.” Franklin testified that the committee concluded during the meeting that his actions during the surgery were reasonable and that the committee decided to take no further action against him.

The Texas Supreme Court said that the trial court “abused its discretion in ordering the documents produced without a proper in camera inspection to determine whether the exception in [the peer review law] applies.” The Texas Supreme Court directed the trial judge to review the documents to determine in Franklin is entitled to the peer review documents.

Source: Lexology