Lemke v. Sutter Roseville Medical Center (Feb. 22, 2017, No. C078983) __ Cal.App.5th __ [2017 WL 527475]
A Hospital fired a nurse who improperly administered narcotics to a patient and failed to adequately monitor the patient’s condition. The nurse sued the Hospital for various causes of action, including defamation, alleging that the Hospital made a false and defamatory report to the California Board of Registered Nursing. The trial court granted the Hospital’s summary judgment motion, ruling that the Hospital’s statements to the Board were not defamatory and were (in any event) absolutely privileged. The Nurse appealed.
The Court of Appeal affirmed, holding that the Hospital’s statements “were absolutely privileged because they were made in connection with its internal investigation and in an official proceeding before the Board.” The Court of Appeal rejected the Nurse’s argument that there was a triable issue regarding whether the Hospital’s statements to the Board were made in good faith because such statements were privileged regardless whether they were made in good or bad faith.
Prepared by H. Thomas Watson and Peder K. Batalden, Horvitz & Levy, LLP
California Society for Healthcare Attorneys
1215 K Street, Suite 800
Sacramento, CA 95814
T 916.552.7605 | F 916.552.2607
