Peyton v. Johnson City Med. Ctr. (Summary)

Peyton v. Johnson City Med. Ctr.,  No. E2001-02477-COA-R3-CV (Tenn. Ct. App. Oct. 29, 2002)

A hospital suspended a physician for disregarding radiation safety procedures, for providing substandard quality of care and for engaging in disruptive behavior. Following a three-day medical staff hearing on the matter, the hearing panel recommended the revocation of the physician’s clinical privileges. The physician then sued the hospital, seeking injunctive relief and damages of $10 million. The trial court granted summary judgment to the hospital on the issue of damages based upon the immunity granted by the Health Care Quality Improvement Act, and the physician appealed.

The Tennessee Court of Appeals affirmed the decision, finding that the professional review action was taken in the reasonable belief that it was in furtherance of quality health care after a reasonable effort to obtain the facts of the matter and, that, therefore, the immunity provided by the HCQIA applied. The court rejected the physician’s argument that there were two distinct peer review actions at issue here – the summary suspension and the “permanent suspension” or revocation of his privileges – pointing to the language of the HCQIA stating that nothing in the Act precludes “an immediate suspension or restriction of clinical privileges, subject to subsequent notice and hearing or other adequate procedures, where the failure to take such an action may result in an imminent danger to the health of an individual.”