Physicians often have a legal obligation to report conduct which they believe may constitute negligence, or demonstrate an individual’s inability to practice medicine competently, safely, or within the bounds of the relevant code of medical ethics. Because of the nature of the information required to be reported, it is not unusual for the physician (or other medical provider) who is the subject of the report to contend the information is inaccurate or defamatory. In a decision earlier this year, the Iowa Supreme Court ruled that a hospital did not defame a surgeon when it reported suspected physician misconduct to the state licensing board or to the National Practitioner Data Bank (NPDB). The decision, Andrew v. Hamilton Cnty. Pub. Hosp., 960 N.W.2d 481 (Iowa 2021), highlights how hospitals and individuals can avoid defamation claims when engaging in mandatory reporting.
In Iowa, licensed physicians are legally required to notify the Iowa Board of Medicine if they know of another physician’s “careless acts or omissions that demonstrate a licensee’s inability to practice medicine competently, safely, or within the bounds of medical ethics.” Iowa Admin. Code r. 653-22.2(l).
Here, Hamilton County’s public hospital terminated Dr. Mark Andrew’s employment in 2006 pursuant to a “cause” provision in his employment agreement. The decision to end employment was made after the hospital conducted an internal investigation prompted by an inquiry from a pharmacy expressing concerns...
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