Malpractice, Impairment, Discovery

Armstrong v. Barnes, No. COA04-300 (N.C. Ct. App. July 5, 2005)

Parents brought suit against a physician on behalf of their newborn child alleging medical malpractice in the birth of the child. The physician had previously had a drug problem and admitted to having a relapse the year of the child's birth, but alleged that he had not yet relapsed at the time of the birth. While deposing the physician, the parents' attorney sought details regarding the physician's drug abuse, as well as questions regarding his credentialing process at the hospital and his treatment at a Physician Health Program. The Court of Appeals first held that the parents could not discover any information in regard to the physician's credentialing process or Physician Health Program, as they were protected by the state's peer review privilege. However, the parents could discover any other information in regard to the physician's drug abuse that did not relate to his Physician Health Program. Furthermore, the Court of Appeals held that the physician could be asked the same questions regarding his drug abuse that he was asked at his credentialing proceeding, and it was irrelevant that the parents' lawyer had been present at the credentialing proceeding.