Colantonio v. Mercy Med. Ctr. — Jan. 2016 (Summary)

HCQIA IMMUNITY

Colantonio v. Mercy Med. Ctr.
2016 N.Y. Slip Op. 00147 (N.Y. App. Div. Jan. 13, 2016)

A physician’s hospital privileges were revoked after the hospital received numerous complaints from other physicians and staff members about the physician’s behavior. Among other things, the physician was alleged to have raised his voice in the Intensive Care Unit, made rude comments in front of patients, confused and intimidated the nurses, made the nurses feel uncomfortable, and made inappropriate entries in patient charts. The hospital met with the physician to discuss its concerns. When the disruptive behavior continued, the matter was first addressed in a preliminary meeting with the Medical Staff Credentials Committee and then the Medical Staff Executive Committee exercised its authority under the hospital’s medical staff bylaws to terminate the physician’s clinical privileges and medical staff membership.

The physician then sued, asserting 18 causes of action to recover damages for defamation based on allegations of false statements made by certain personnel at the hospital prior to, during and after the Credentials Committee meeting. The defendants moved for summary judgment and argued that because the comments occurred during a Credentials Committee meeting they were entitled to absolute or qualified privileged based on public policy. The lower court held that because that meeting was not a hearing, the communications were not subject to absolute privilege. However, the appellate court held that those communications were entitled to qualified privilege under the Health Care Quality Improvement Act because the physician failed to show during discovery that those communications were made with malice. The appellate court then ruled that summary judgment was appropriate.