Tunca v. Painter

(Court opinion corrected 11/30/12.) Court properly granted summary judgment for Defendant on allegation that Defendant vascular surgeon's statement to other doctors about Plaintiff gynecological oncology surgeon's performance violated confidentiality provisions of Medical Studies Act. That Act was enacted to benefit the general public, who stand to gain from higher quality health care, not physicians in peer performance review. Any benefit that physicians may derive from confidentiality provisions of the Act is incidental. Defendant's statements were not information of a peer review committee, and were made in week after surgery, though peer review committee meeting did not occur until 8 months later. (McBRIDE and PALMER, concurring.)