Glunk v. Greenwald (Summary)

STATE BOARD OF MEDICINE

Glunk v. Greenwald, No. 2052 C.D.2012 (Pa. Commw. Ct. Sept. 19, 2013)

The Pennsylvania Commonwealth Court reversed in part a lower court’s dismissal of a physician’s claims against an attorney who worked for the state’s Board of Medicine. The physician claimed that the attorney used his resources and access to confidential peer review information as counsel to the Board to assist a family with a medical malpractice suit against the physician and help the family oppose the physician’s bankruptcy petition. (The malpractice suit involved the same case being reviewed by the state Board of Medicine.)  A lower court held that the attorney’s assistance was part of his official duties as a state attorney; therefore, the physician’s suit was barred by sovereign immunity.

The commonwealth court reversed in part, holding that the facts pled indicated that some of the attorney’s actions involved actions taken outside of his official capacity. The court stated that providing confidential and privileged information to the family was not the type of service the attorney was hired to perform for the state Board.