Davis v. Kewanee Hosp. (Summary)

PEER REVIEW PRIVILEGE

Davis v. Kewanee Hosp., No. 2-13-0304 (Ill. App. Ct. 2nd Dist. Feb. 25, 2014)

An anesthesiologist, whose offer of employment was withdrawn before the credentialing process was completed, asked the hospital to provide copies of all the information it relied upon in withdrawing the employment offer because he believed that individuals where he had previously been employed were making disparaging comments about him.  The hospital declined to provide the information.  The anesthesiologist sued, alleging that the hospital’s refusal violated the exceptions to the confidentiality provisions in the Illinois Medical Studies Act and in the Illinois Credentials Act allowing physicians access to information used in making credentialing and privileging decisions.  The hospital argued that the exceptions in those statutes did not apply because it had made an employment decision, not a credentialing decision.  The lower court agreed.  On appeal, the hospital argued that neither the Illinois Medical Studies Act nor the Credentials Act gives a physician a private right of action.  The appeals court agreed, ruling that neither statute gives a physician either an express or an implied private cause of action.