Smith v. Deaconess Hosp., No. 103876 (Okla. May 29, 2007)

The Supreme Court of Oklahoma considered the issue of whether the members of a peer review body are entitled to qualified immunity when fulfilling their committee obligations. A physician who was denied reappointment sued, among others, the members of the hearing panel, the appeals panel, and the credentialing committee.

The court held that, pursuant to Oklahoma's peer review statute, members of a peer review body are not immune from suit but are immune from liability if all of the statute's affirmative requirements for such bodies are met. The court held that by the terms of the Act, "there is no blanket immunity to peer review bodies," but "if the peer review board meets all of the requirements of [the Act], it will be protected from liability damages."