QUESTION:
We recently asked a physician for input about a complaint that had been filed about his interactions with other members of the healthcare team.  He immediately asked, “who filed the report?” Should we disclose that information?

ANSWER FROM HORTYSPRINGER ATTORNEY IAN DONALDSON:
Assuming this request for input occurred under your “routine” peer review process, the answer is a resounding “no,” as we want to protect the identity of those who are willing to come forward and raise a concern.

We always write our Professionalism Policy to say that the specific identity of any individual reporting a concern (or those who otherwise provide information about a matter) will not be disclosed to the practitioner.  The only exception would be if the individual who filed the report consents to the disclosure of their identity or where the information is later used to support an adverse professional review action that results in a Medical Staff hearing.

Of course, even if the identity of the reporter isn’t disclosed, the individual under review may guess or know who filed the report.  As such, it can be a good idea to remind the practitioner who was the subject of the report to avoid any actions that could be perceived as retaliatory, even if retaliation isn’t the intent.

If you have a quick question about this, e-mail Ian at IDonaldson@hortyspringer.com.