Privilege of Dignity: Hospital’s peer review was protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer investigates an employee for potential harassment. In both instances, and in the absence of malice, those investigations are protected by the litigation and the common interest privileges.

Mounting problems

Dignity Health hired orthopedic surgeon Troy I. Mounts to work in a spine surgery practice at the San Luis Obispo French Hospital Center. Concerns regarding his clinical competence arose almost immediately. At the same time, he complained he wasn’t getting staff support or adequate time in the operating room to perform complex surgeries.

Dignity put Mount’s complex surgeries “on hold” and required him to complete a previously scheduled surgery with a second surgeon he hadn’t worked with before. Disputes regarding his practice continued.

Professional review