Freeman v. Piedmont Hospital
Freeman v. Piedmont Hospital
Opinion of the Court
Appellees are Piedmont Hospital; Hulett C. Sumlin, the hospital administrator; and Dr. Walter H. Butler, the chairman of the hospital’s Department of Anesthesiology and a member of its Credentials Committee. Appellants, an anesthesiologist (“Dr. Freeman”) and his professional corporation, brought this action against appellees to recover damages stemming from a letter sent by the hospital administrator to the Composite State Board of Medical Examiners (“the Board”) after Dr. Freeman voluntarily resigned from the medical staff of the hospital. On appeal, appellants challenge a trial court order granting appellees’ motion for summary judgment and denying appellants’ motion to compel discovery.
On July 5, 1989, Sumlin wrote a letter to the Board. After informing the Board of Dr. Freeman’s voluntary resignation as required pursuant to OCGA § 31-7-8 (a), the letter went on to state: “Dr. Freeman’s resignation was apparently, in part, due to action taken by the Chairman of his department, Dr. Walter Butler (Chairman, Department of Anesthesiology) and Dr. Frank L. Wilson, Chairman of the Department of Surgery. Dr. Butler and Dr. Wilson reported to the Credentials Committee concerns of the staff nurses and recovery room nurses regarding Dr. Freeman’s performance of his duties during several days following June 12, 1989. Dr. Freeman notified the Board of Directors of his professional association of his intent to resign prior to any formal action being taken by the Credentials Committee.” (Indentation omitted.) Dr. Freeman had applied to join the staff at Candler Hospital in Savannah, but his application for staff membership and privileges was denied in September 1989 “in view of the present controversy at Piedmont Hospital and the impending investigation by the Composite State Board of Medical Examiners.”
It is undisputed that Dr. Butler and Dr. Wilson never reported
Two nurses deposed that Dr. Freeman’s reporting and record-keeping practices were often lax, but that other anesthesiologists may have been similarly lax in their reporting practices and that Dr. Freeman’s record keeping was not noticeably worse the week of June 12, 1989. We cannot know whether these were the “concerns” referred to in the letter to the Board because the nurses’ communications with Dr. Butler and Dr. Butler’s communications with Sumlin were ruled privileged under OCGA § 31-7-133 (a) by the trial court.
1. Appellants first argue that the trial court erred in granting summary judgment for all three appellees on appellants’ causes of action based on defamation and intentional interference with business relations.
Additionally, summary judgment for Dr. Butler was proper with respect to slander. While there is evidence from which it may be inferred that Dr. Butler falsely stated to Sumlin that Dr. Freeman resigned in part because he feared a Credentials Committee investigation into “concerns” of nurses regarding his performance of his duties,
However, appellants’ cause of action against Dr. Butler for intentional interference with business relations cannot be summarily decided. For purposes of summary judgment, Dr. Butler is not entitled to the immunity from liability for peer review activities provided by OCGA §§ 31-7-132 (a) and 31-7-141 because there is evidence in the record from which a jury could infer that his conduct was motivated by malice. To establish a cause of action for tortious interference with business relations, the plaintiff must show that the defendant “ ‘(1) acted improperly and without privilege, (2) purposely and with malice with the intent to injure, (3) induced a third party or parties not to enter into or continue a business relationship with the plaintiff, and (4) for which the plaintiff suffered some financial injury.’ . . . [Cit.]” Arford v. Blalock, 199 Ga. App. 434 (13) (405 SE2d 698) (1991), aff’d sub nom. Wilensky v. Blalock, 262 Ga. 95 (414 SE2d 1) (1992). There is evidence supporting the inference that Dr. Butler communicated to Sumlin false information regarding the reasons for Dr. Freeman’s resignation, and Dr. Butler cannot rely on any claim of privilege on motion for summary judgment because there is evidence from which a jury could infer that Dr. Butler used his positional privilege “as a cloak for venting private malice.” OCGA § 51-5-9; see also OCGA §§ 31-7-132 (a); 31-7-141. Although Dr. Butler stated that he did not know exactly what would happen with this information after he communicated it to Sumlin, a jury could infer that he knew the communication would make it more difficult if not impossible for Dr. Freeman to secure staff membership and privileges in another hospital and intended this result. The communication in fact did result in the denial of staff membership and privileges at Candler Hospital in Savannah. Moreover, contrary to appellees’ assertions that appellants were not damaged because the Board’s investigation into the matter was eventually dropped and Dr. Freeman eventually joined the staff of another hospital, the record contains evidence of financial harm to appellants. We therefore conclude that the trial court erred in granting summary judgment for Dr. Butler on appellants’ claim for intentional interference with business relations. See Integrated Micro Systems v. NEC Home Electronics (USA), 174 Ga. App. 197 (3) (329 SE2d 554) (1985).
2. Appellants also contend that the trial court erred in concluding that testimony regarding which nurses voiced what “concerns” and what Dr. Butler actually communicated to Sumlin is privileged pursuant to OCGA § 31-7-133 (a). This Code section provides that “proceedings and records” of a peer review organization shall be held in
Judgment affirmed in part and reversed in part.
Although appellants alleged several other causes of action below, their other claims were voluntarily dismissed below or abandoned on appeal.
Concurring in Part
concurring in part and dissenting in part.
1. I agree with that portion of Division 1 which holds that Dr. Butler was not entitled to summary judgment on the record thus far developed with respect to plaintiffs’ claim of intentional interference with business relations. I respectfully dissent as to the remainder of the opinion.
2. Plaintiffs enumerate as error the denial of their motion to compel discovery. They sought certain information by interrogatories to each of the defendants plus questions at the depositions of two nurses, which they were precluded from obtaining. It related to the “concerns of . . . nurses” which was referenced in the letter of hospital administrator Sumlin reporting the resignation of Dr. Freeman to the State Board. It is undisputed that these unspecified “concerns” of unidentified persons, which were the heart of the negative implications about Dr. Freeman’s professional performance conveyed to the State Board, were never brought to the attention of the hospital’s Credentials Committee or any other review organization or medical review committee. Thus, the information sought is not subject to the confidentiality privilege of either OCGA § 31-7-133 (a) or OCGA § 31-7-143. The first section protects “the proceedings and records of
Here plaintiffs sought the sources and subject matter of the damaging statement in the hospital administrator’s letter, which letter erroneously relates that the information was reported to the Credentials Committee. There is nothing in the law which shields these facts from disclosure to the plaintiffs, who are affected by them. Cobb County Kennestone Hosp. Auth. v. Martin, 208 Ga. App. 326 (430 SE2d 604) (1993).
Eubanks v. Ferrier, 245 Ga. 763 (267 SE2d 230) (1980), does not preclude discovery of the information sought by plaintiffs’ interrogatories and deposition questions. It upheld the nondiscoverability of records and proceedings of hospital medical review committees. It also protected those who served on the committee from questioning about any matter that arose out of their service on the committee. That situation does not obtain here.
Emory Clinic v. Houston, supra, fn. 1, also does not apply, because it merely affirms that there is to be no discovery relative to medical or peer review proceedings.
The denial of discovery was error. That being so, summary judgment should also be reversed, to await the development of evidence which can affect the provability of plaintiffs’ claims.
I am authorized to state that Chief Judge Pope and Judge Smith join in this opinion.
See an explanation of the distinction in Emory Clinic v. Houston, 258 Ga. 434, 435 (1)0, fn.1 (369 SE2d 913) (1988).
Reference
- Full Case Name
- FREEMAN Et Al. v. PIEDMONT HOSPITAL Et Al.
- Cited By
- 7 cases
- Status
- Published