Brough-Stevenson v. Cmty. Emergency Med. Assocs. (Summary)

DEFAMATION

Brough-Stevenson v. Cmty. Emergency Med. Assocs., F063875 (Cal. Ct. App. July 12, 2013)

The Court of Appeal for the Fifth District of California affirmed the lower court’s holding in favor of an emergency room physician agreeing that the statements made by hospital administrators to the physician’s employer, Emergency Medical Associates (“Group”), about the physician were not protected under California’s anti-SLAPP statute.  The hospital and the Group argued that the statements at issue were made in the exercise of the right of free speech in connection with an issue of public interest.  Specifically, they argued that the statements made about the physician related to her willingness and ability to effectively serve as an ED physician and that this affected the quality and accessibility of health care.  The court disagreed.

Instead, the court found that the statements were more in the nature of a private workplace dispute because the statements dealt primarily with the physician’s personality and profitability.  The court was not persuaded that concerns about the physician’s lack of efficiency, or that she was difficult to work with, were matters of public interest sufficient to trigger the protections of the anti-SLAPP statute.  In reaching this conclusion, the court focused on statements made by the hospital that the physician was competent and qualified.  The decision to deny the motion to strike the physician’s complaint was upheld.