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.