Doctor's privilege agreement with Hospital releases his subsequent claim against hospital for defamation
In Copeland v. Mid Michigan Regional Medical Center, Dr. Copeland, a neurosurgeon, attempted to sue the hospital that summarily withdrew his privileges based on an anonymous complaint of "slurred speech" and "erratic behavior during two surgeries." Copeland argued that the Hospital acted with gross negligence and defamed him.
The Court held that Release language contained in his ageement with the Hospital under which privileges were granted operated now to release any claim he might have of negligence or defamation. The judges also held that his claims did not rise to the level of gross negligence, which might be actionable despite the release language.