A federal magistrate in a case alleging discrimination denied a hospital’s motion for a protective order preventing the discovery of peer review and credentialing files. In Awwad v. Largo Medical Center Inc., (M.D. Fla., No. 8:11-CV-1638, 4/12/12), a Florida physician, Awwad, claims the employing hospital revoked his medical staff privileges due to racial animus. Awwad made a discovery request for the hospital to produce credentialing and peer review records related to him, two other named physicians, and all other physicians accused of disruptive behavior.
The hospital responded to the request by arguing the requested records were not discoverable under Florida’s peer review privilege. The magistrate denied the hospital’s motion for privilege, citing that the state medical peer review privilege does not apply in discrimination actions brought under federal law.
While the magistrate denied the hospital’s motion, Awwad’s request was found to be overly broad. The magistrate did find that the peer review and credentialing files for the plaintiff were discoverable, as well as the files of the two other named physicians so far as they relate to behavioral and quality of care issues.
The request of all other physicians accused of disruptive behavior was determined to be “onerous and unduly burdensome” by the magistrate.
Should you have any questions, please contact:
David Bufford at 502.568.9368 or dbufford@wp.hallrender.com,
or your regular Hall Render attorney.
