KENNETH M. CLARK, Appellant, vs. COLUMBIA/HCA INFORMATION SERVICES, INC., A NEVADA CORPORATION; NEVADA PSYCHIATRIC COMPANY, A NEVADA CORPORATION; IRA PAULY; PHILLIP RICH; LOUIS RICHNAK; JOHN CHAPPEL; NEAL CURY; THOMAS BITTKER; AND JERRY HOWLE, Respondents., 117 Nev. 468

Summary

Respondents were members of the hospital peer review board who revoked the psychiatrist's staff privileges and the health care organizations supervising the hospital. The board concluded that the psychiatrist's reports to outside agencies and to the board of medical examiners constituted disruptive conduct in violation of staff bylaws. The trial court determined that the immunity provisions of HCQIA barred the underlying tort and contract claims against the respondents. The supreme court reversed, concluding that the psychiatrist had overcome the presumption of the respondents' immunity by demonstrating by a preponderance of the evidence that the revocation of his staff privileges was not with the reasonable belief that it was in furtherance of quality health care. The record reflected that the reason for the psychiatrist's dismissal was his apparently good faith reporting of perceived improper hospital conduct to the appropriate outside agencies. As to the specific contract and tort ...