Oguntoye v. Medstar Georgetown Univ. Hosp. – April 2015 (Summary)

PEER REVIEW

Oguntoye v. Medstar Georgetown Univ. Hosp., No. 2013 CA 5054 (D.C. Super. Ct. Apr. 3, 2015)

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A physician applied for appointment to the medical staff of Jacobi Medical Center (“JMC”). As a part of its credentialing process, JMC sought recommendations from other physicians concerning Dr. Oguntoye. A physician completed the recommendation form and spoke with a JMC physician employee. While the outside physician recommended Dr. Oguntoye, he did so with reservation. Following this discussion, JMC advised Dr. Oguntoye to withdraw his application due to questions raised by the qualified recommendation. Dr. Oguntoye filed claims for defamation, false light invasion of privacy, tortious interference with prospective advantage, tortious interference with contract, and racial discrimination. He also sought to compel production of the completed recommendation form and any notes of the discussion with the outside physician. After this request was denied, the applying physician asked for reconsideration.

The court found that the applying physician’s request for reconsideration failed to establish a clear error of law made by the court upon which reconsideration could be based. Additionally, the request did not establish any new facts that would justify reconsideration. The hospital’s use of the recommendation form and any notes made of the conversation about the information on the form was protected under the peer review process, and therefore not discoverable. The court did grant Dr. Oguntoye’s request to amend the complaint, as it was not made in bad faith and does not create new issues.