Court drafts exception to keeping peer reviews closed

In a North Carolina case, federal judges say opening up records so a physician can try to prove discrimination trumps the tradition of keeping records confidential.

By Tanya Albert, AMNews staff. Sept. 10, 2001.

Peer review records shouldn't remain under wraps when a physician claims the committee discriminated against him because of his ethnicity, a federal appeals court ruled in August.

A panel of three 4th U.S. Circuit Court of Appeals judges said a North Carolina hospital must turn over 20 years of peer review records so they can be used by a physician suing the hospital for discrimination.

The judges said Charlotte ob-gyn Ron Virmani, MD, needs the records to try to prove that the hospital's peer review committee did not dish out equally harsh punishments to other doctors under similar circumstances.

It is believed to be the first time a federal circuit court has addressed peer review in the context of discrimination. Courts have usually ruled on cases involving malpractice charges.

"It's groundbreaking," said Clay Culotta, Dr. Virmani's attorney. "It's going to be a very important issue in the medical community."

While some are encouraged by the court ruling, saying that ensuring there's no racial discrimination in the process is more important than keeping the records confidential, others are miffed. They argue that breaking down the walls of the once-sacred peer review process will result in physicians being less honest in peer review committees. That, they say, will ultimately damage quality of care.

With that fear in mind, the hospital asked the full 4th Circuit to look at the panel's decision.

"We continue to work diligently to uphold the peer review process," said Ed Case, Presbyterian Hospital president. "It's our hope that when the full court hears it, they will recognize the importance and agree with us." [...]