Shervin v. Partners Healthcare Sys., Inc. (Summary)

CONFIDENTIALITY OF CERTIFYING BOARD PEER REVIEW INFORMATION

Shervin v. Partners Healthcare Sys., Inc., No. 1:13MC23 (M.D. N.C. Oct. 15, 2013)

The U.S. District Court for the Middle District of North Carolina denied a residency program’s motion to compel the American Board of Orthopedic Surgery (“ABOS”) to disclose records about an orthopedic surgeon who was suing the residency program for gender discrimination.  The physician’s lawsuit, in part, claimed that the residency program (and its affiliated entities) placed her on probation as part of its gender discrimination and may have contributed negative information to the ABOS or failed to submit any information, thereby impacting her ability to sit for Part II of the Boards.

To defend the lawsuit, the residency program sought ABOS records concerning any information submitted to ABOS by the residency program, as well as any information provided by hospitals where the resident had gone on to work.  The program argued that such records were relevant because if the physician had problems at her post-residency hospitals, that would undermine her suggestions that the deficiencies during residency were a pretext for discrimination.

The court refused to order the ABOS to release the documents, noting that if the residency program wanted to obtain information about the physician’s performance at post-residency hospitals, it could contact those hospitals directly.  Further, the court noted that the ABOS has a strong interest in maintaining the confidentiality of peer review information submitted to it and to compel the disclosure of such information would undermine ABOS’s ability to fulfill its mission to protect the public by evaluating the initial and continuing qualifications of orthopedic surgeons.