John R. Roberts, M.D. v Saint Thomas Health Services d/b/a Saint Thomas Hospital, et al

St. Thomas Hospital suspended a surgeon’s hospital privileges and restored them less than three months later, as part of a settlement in which the doctor also waived a “fair hearing,” which was the next step in the hospital’s procedures. The surgeon subsequently sued the hospital, contending that it had not properly followed its own bylaws in regard to the suspension of his privileges and that he was therefore entitled to damages for breach of contract, defamation of character, and tortious interference with business relations. The hospital denied that it had violated any of its bylaws and asserted that it was entitled to immunity for its actions under the Tennessee Peer Review Law of 1967 and the Federal Health Care Quality Improvement Act of 1986.  The trial court granted summary judgment to the hospital. Because the surgeon failed to show that the hospital did not follow its bylaws, because of his settlement and waiver of a fair hearing, the hospital was entitled to the immunity granted to the peer review process. We affirm.