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Fox v. Parma Community General Hospital4/7/2005
further alleged that the medical records of the nine patients were falsified during the course of the peer review. The essence of his case in the hearing demonstrated, however, that he and Dr. Mantyh were in disagreement over the diagnosis, treatment, and post-surgical course of some of the patients. Accordingly, plaintiff did not seek records otherwise available from other sources but rather sought the proceedings and records of the peer-review committee. Thus, plaintiff sought privileged information. Moreover, because the trial court correctly determined that the peer review satisfied the requirements for immunity under the HCQIA, this claim has been rendered moot.
{ } The second assignment of error is without merit.
Judgment affirmed.
FRANK D. CELEBREZZE JR. and DIANE KARPINSKI, JJ., concur.
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