Hagen v. Siouxland Obstetrics & Gynecology, P.C. (Summary)

PEER REVIEW PRIVILEGE

Hagen v. Siouxland Obstetrics & Gynecology, P.C., No. C11-4047-MWB (N.D. Iowa Dec. 7, 2012)

The United States District Court for the Northern District of Iowa held that a doctor’s credentialing file was protected from discovery by the state’s peer review privilege because the lawsuit at hand did not fall within the statutory exceptions to the privilege (for proceedings involving licensee discipline or proceedings brought by a licensee whose competency is at issue).

A professional corporation had terminated the doctor’s employment after he stated that any doctor of the corporation that had committed malpractice should be reported to the state board of medicine.  The doctor sued the professional corporation, which eventually led to the corporation subpoenaing the medical center for the doctor’s entire credentialing file.  The medical center asserted that the file was privileged under the state’s peer review statute.

The district court held that the professional competence of the physician was not at issue, despite allegations that the corporation had defamed his professional reputation.  Therefore, the court found the privilege to be applicable and granted the medical center’s motion to quash the subpoena.