KentuckyOne Health, Inc. v. Reid

Dr. Benjamin Reid, a licensed general surgeon, filed a complaint against KentuckyOne Health, Inc. (“Hospital”) alleging various claims arising from the Hospital’s review of Reid’s surgical privileges at the Hospital. The circuit court granted the Hospital’s motion for judgment on the pleadings, concluding that Reid failed to rebut the presumption that the Hospital was immune under the Health Care Quality Improvement Act of 1986 because the Hospital’s conduct with respect to Reid was related to its professional review activities. The court of appeals reversed, concluding that the Hospital had taken a “professional review action” against Reid rather than a “professional review activity.” The Supreme Court reversed, holding (1) a factual dispute existed as to whether the Hospital’s actions were merely “professional review activities” that would be entitled to immunity under the Act or whether they were “professional review actions,” and (2) therefore, the record was insufficient on the immunity question under the Act.