Also known as: peer review actions · peer-review action · peer review · professional peer review
Written by attorneys · grounded in primary & secondary sources — see below
An action taken by a hospital peer review committee to evaluate a physician's professional competence or conduct. Such actions receive protection when conducted in good faith and in compliance with statutory standards, and they may serve as an alternative forum for addressing professional misconduct.
Dr. Elena Vargas faces a peer review action after two patient complications. The hospital committee examines her operative logs and outcome data. After finding repeated deviations from accepted protocols, the committee recommends restricting her surgical privileges.
Dr. Marcus Hale receives notice of a peer review action limiting his cardiology privileges. He sues the hospital alleging bad-faith conduct. The court examines whether the committee followed statutory procedures and acted with reasonable belief in the truth of its findings.
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The party asserting the privilege, typically the hospital, must prove that the communication qualifies for absolute or conditional protection. The plaintiff need only prove the elements of the tort and any abuse of a conditional privilege.
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A report may go to a peer review agency when that body is more appropriate under the circumstances, such as when the misconduct involves hospital privileges and the agency can effectively investigate.
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Information obtained solely through an approved lawyers assistance program is protected from the reporting duty, but independent knowledge from public records or other sources may still trigger an obligation to report.
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