Wheeless v. Maria Parham Med. Ctr., Inc. (Summary)

PEER REVIEW PRIVILEGE

Wheeless v. Maria Parham Med. Ctr., Inc.
No. COA13-1475 (N.C. Ct. App. July 15, 2014)

The Court of Appeals of North Carolina, in an unpublished decision, found that a surgeon had waived any privilege with respect to discovery of his medical records in a case brought against a hospital.

The orthopedic surgeon held privileges with the defendant hospital, and underwent two separate peer reviews in a two-year period. After the surgeon requested a fair hearing, both parties agreed to a Mediated Settlement Agreement (“MSA”), which provided that the surgeon was to alter the terms of his staff privileges, and that the Medical Executive Committee was to terminate any pending actions against him. On multiple occasions, the surgeon expressed concern that the hospital was not honoring the terms of the MSA. Eventually, he filed a complaint against the hospital, asserting a claim, among other things, for infliction of emotional distress. During the course of discovery, the surgeon said that he had been treated for mental health issues by the North Carolina Physician Help Program (“NCPHP”). The hospital requested the release of the surgeon’s records from NCPHP. The surgeon refused and sought a protective order, arguing that the records were privileged information because they had been requested by a medical review board pursuant to N.C. Gen. Stat. §131E-95. The trial court ordered the surgeon to produce the documents, finding that his mental health records were relevant to his claims of emotional distress. The court also found that because the surgeon had made his mental health an issue in the case, he had waived any privilege to withhold these records. The Court of Appeals affirmed this ruling.