DATA BANK REPORT – DEFAMATION

Chadha v. Charlotte Hungerford Hosp., No. 26971 (Conn. App. Ct. Sept. 19, 2006)

The Appellate Court of Connecticut upheld summary judgment granted in favor of a hospital in a defamation lawsuit brought by a physician alleging that it filed false reports about his competence to the National Practitioner Data Bank and the Connecticut Department of Public Health, which ultimately led to the physician losing his license to practice medicine.

Summary judgment had been initially denied. The case went through several layers of appeal, and the hospital again filed for summary judgment, arguing that the physician could not support his allegation that the hospital and its medical staff leaders acted with malice. This time, in support of their motion for summary judgment, the medical staff leaders submitted affidavits stating that they acted in good faith and without malice. The trial court held that, in light of that evidence, the burden was on the physician to produce evidence of malice, which he had failed to do. Accordingly, the court granted summary judgment to the hospital. The appeals court agreed.