Tortious Interference
Kibler v. Northern Inyo County Local Hosp. Dist., No. E035085 (Cal. Ct. App. Jan. 11, 2005)
A physician's privileges were suspended
due to escalating unprofessional conduct consisting of hostile and threatening
verbal assaults, threats of violence and hostile actions towards nursing and
administration. The physician filed a suit against the hospital claiming tortious
interference of his right to practice medicine. The hospital contended that
the physician's lawsuit constituted an effort to chill the hospital's exercise
of free speech as related to an official proceeding authorized by law in violation
of California's Strategic Lawsuit Against Public Participation ("SLAPP")
statute. The trial court dismissed the physician's lawsuit on the grounds that
it violated the SLAPP statute. A California Court of Appeals found that the
hospital's peer review process was an official proceeding authorized by law
and affirmed the trial court's decision to dismiss the physician's lawsuit
on the grounds that it violated the SLAPP statute. The appeals court also found
that because the physician did not exhaust his administrative remedies and
executed a release, he could not show the possibility of success of his claim.