Merrick v. Littleton Reg’l Hosp. (Summary)

AMERICANS WITH DISABILITIES ACT

Merrick v. Littleton Reg’l Hosp., Civil No. 10-cv-55-SM (D.N.H. Mar. 23, 2011)

The United States District Court for the District of New Hampshire, in a lawsuit filed by an emergency department physician which alleged Americans with Disabilities Act and state law disability discrimination claims, granted in part and denied in part a physician’s motion to compel a hospital to provide certain information related to complaints filed against other emergency department physicians in the hospital.

The physician, who had Tourette’s syndrome, experienced several tics while treating a critically injured patient and, as a result of that incident, the hospital became concerned and placed the physician on temporary suspension. The physician, after being placed on an involuntary leave of absence, sought other employment and filed a lawsuit against the hospital.

The physician filed a motion to compel, stating that he needed documents related to other emergency department physicians, and the hospital claimed the documents were privileged. The court held that the physician was entitled to a list of all complaints against other emergency department physicians because those complaints were created before any quality assurance process had begun, and he was also entitled to any sanctions imposed against those physicians where their conduct was substantially similar to his conduct. However, the physician was not entitled to any material generated by the hospital during the investigation and disposition of those complaints, which is protected by the state’s quality assurance privilege.