Peer Review

Stratienko v. Chattanooga-Hamilton County Hosp. Auth., No. E2005-01043-SC-S09-CV (Tenn. May 14, 2007)

The Supreme Court of Tennessee held that "information, documents or records otherwise available from original sources" are subject to discovery pursuant to the state peer review statute, but only to the extent that they are not requested from the peer review committee and are not otherwise privileged.

A physician who was suspended after engaging in a physical altercation with another physician obtained a temporary restraining order ("TRO") prohibiting his suspension pending an evidentiary hearing. The hospital sought to dissolve the TRO. During the discovery process, the suspended physician moved to obtain the credentials of the other physician, claiming that the information sought was created in the regular course of business of other hospitals or medical schools in which the other physician received his training, and was thus discoverable under the state Peer Review Statute. The hospital denied the request, citing confidentiality under the state peer review law. The physician filed a motion to compel the hospital to release the credentials records. The trial court denied the motion, but granted permission for an interlocutory appeal. The court of appeals reversed and remanded.

The Supreme Court of Tennessee disagreed that such records were discoverable from the peer review committee, but held that they may be obtained from original sources to the extent that the records were not otherwise privileged. It held that "information, documents or records otherwise available from original sources" are subject to discovery pursuant to the state peer review statute, but only to the extent that they are not requested from the peer review committee and are not otherwise privileged.