Swatch v. Treat

671 N.E.2d 1004, 41 Mass. App. Ct. 559, 1996 Mass. App. LEXIS 844
CourtMassachusetts Appeals Court
DecidedNovember 1, 1996
DocketNo. 96-P-431
StatusPublished
Cited by13 cases

This text of 671 N.E.2d 1004 (Swatch v. Treat) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swatch v. Treat, 671 N.E.2d 1004, 41 Mass. App. Ct. 559, 1996 Mass. App. LEXIS 844 (Mass. Ct. App. 1996).

Opinion

Kass, J.

We consider the right of a medical peer review committee, within the meaning of G. L. c. Ill, § 1, to intervene in a civil action between a patient and health care provider for the purpose of protecting the confidentiality, [560]*560conferred by G. L. c. Ill, § 204(a), of a peer review committee report.

The controversy has its source in what we may describe broadly as a medical malpractice action brought by Marilyn Swatch against Eileen Treat,1 alleging that Treat, a licensed clinical social worker, had rendered psychotherapeutic treatment to the plaintiff Swatch that failed to meet accepted professional standards and was, therefore, negligent. There are also counts for intentional infliction of emotional distress, negligent infliction of emotional distress, and unfair trade practices within the meaning of G. L. c. 93 A, § 2.

Antecedent to the legal action, Swatch had filed with the Massachusetts chapter of National Association of Social Workers (NASW) a charge that Treat had acted unethically.2 NASW is a national voluntary professional organization with local chapters. We refer interchangeably to the national organization and the local Massachusetts chapter as NASW. In accordance with procedures published by NASW,3 the chairperson of the committee on inquiry (of the Massachusetts chapter) convened a hearing panel before which Swatch aired her grievance and Treat was permitted to speak about Swatch’s course of therapy and Treat’s termination of it.4 The hearing panel may hear such other witnesses as the complainant and respondent offer or as the panel determines to call. In due course the hearing panel issued a report, and we may infer that report was critical of Treat because Swatch used it as an appendix to her complaint5 *and, again, as an exhibit in a submission before a medical malpractice tribunal established under G. L. c. 231, § 60B.

It is the use of that report by Swatch to which NASW objects on two accounts. First, it was a condition of the NASW grievance process to which Swatch submitted herself [561]*561that the proceedings and the report remain confidential. Second, the proceedings and the report enjoyed the protected status conferred by G. L. c. Ill, § 204. NASW moved to intervene in the Swatch action against Treat as a defendant for the limited purpose of preserving the confidentiality of the report of NASW’s committee on inquiry and of preserving the integrity of NASW’s peer review process. A judge in the Superior Court denied the motion to intervene, reasoning as follows:

“[T]he statute was designed to protect the interests of those who appear and participate in the peer review process, not to protect some abstract interest in the process itself. Accordingly, where all those who participated in the process agree, or at least do not object, to use of the fruits of the process, I believe that those who set the process up have no independent right to asse[r]t.”

1. Whether NASW’s process is peer review. A threshold question in assessing NASW’s interest in the confidentiality of its committee on inquiry process is whether that process was peer review within the meaning of the statute, G. L. c. 111. Section 1 of c. Ill, as amended by St. 1987, c. 467, § 1, defines a “health care provider” as “any doctor of medicine . . . social worker . . . licensed under the provisions of [c. 112] . . . ” (emphasis supplied). It is agreed by the parties that Treat is a licensed social worker.6 The definition, so far as material, of “medical peer review committee” that appears in G. L. c. 111, § 1, as appearing in St. 1987, c. 579, § 1, is:

“a committee of a state or local professional society of health care providers, . . . which committee has as its function the evaluation or improvement of the quality of health care rendered by providers of health care services, the determination whether health care services were performed in compliance with the applicable standards of care, . . . the determination of whether a health care provider’s actions call into question such health care provider’s fitness to provide health care services

[562]*562NASW’s manual governing its adjudication of charges of violation of professional standards (see note 3, supra) describes its procedures as “not formal legal procedures, but rather provid[ing] for a peer review process.” The NASW procedures have as their announced purpose the promotion of “the quality and effectiveness of social work practice.” The manual states, “[M]any legal strictures and conventions are not observed.” The result of NASW’s “adjudication” is “intended to be constructive and educative rather than punitive.” Parties may not bring a lawyer before the NASW committee on inquiry and may not be represented before the committee by another person, although a party may bring a “consultant” who is a member of NASW. That consultant may not, however, ask questions or address the hearing panel. The NASW procedures prohibit recording of the proceedings.

Swatch argues that, because the NASW process she initiated began with a complaint and because she and Treat appeared before the hearing panel, the process was adversary rather than peer review. We do not think that even minimally persuasive. The hearing panel was not dealing with questions of whether an X-ray was competently read, laboratory results followed, or surgery correctly performed, inquiries that do not require hearing from the patient. Rather, the NASW hearing panels must deal, generally, with one-on-one talk sessions between patient and therapist, and a peer review panel must necessarily hear from the principals in the treatment regime. Matched against this are the closed nature of the proceedings, the emphasis on education and improvement (rather than punishment), the purposeful exclusion of the trappings of legal process, and the insistence on confidentiality. Indeed, Swatch had subscribed in writing to a statement, “I pledge to treat all associated materials and processes confidentially.” We conclude, as did the judge who ruled on the motion to intervene, that the proceeding before the hearing panel of the local NASW’s committee on inquiry was peer review within the meaning of G. L. c. 111, §§ 1 and 204.

2. NASW’s interest in the confidentiality of its peer review proceedings. Paragraph (a) of G. L. c. 111, § 204, as appearing in St. 1987, c. 467, § 3, erects a general shield of confidentiality for “proceedings, reports and records of a medical peer review committee.” There are certain exceptions pertaining to administrative proceedings before State boards [563]*563of registration, but, in any event, no report of a peer review committee may be introduced in private judicial proceedings. G. L. c. Ill, § 204(e). The objective of peer review is rigorous and candid evaluation of professional performance by a provider’s peers. Beth Israel Hosp. Assn. v. Board of Registration in Med., 401 Mass. 172, 182-183 (1987). See Fowles v. Lingos, 30 Mass. App. Ct. 435, 441 & n.8 (1991).

Peer review committees have a profound interest in the sanctity and protection of the confidentiality under which they operate.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gargiulo v. Baystate Health, Inc.
826 F. Supp. 2d 323 (D. Massachusetts, 2011)
Modern Continental Construction Co. v. Zurich American Insurance
21 Mass. L. Rptr. 114 (Massachusetts Superior Court, 2006)
Dunn v. Keefe
19 Mass. L. Rptr. 707 (Massachusetts Superior Court, 2005)
Miller v. Milton Hospital
17 Mass. L. Rptr. 458 (Massachusetts Superior Court, 2004)
Swartz v. Cartwright ex rel. Estate of Voorhees
15 Mass. L. Rptr. 261 (Massachusetts Superior Court, 2002)
Miller v. Milton Hospital & Medical Center, Inc.
766 N.E.2d 107 (Massachusetts Appeals Court, 2002)
Pardo v. General Hospital Corp.
13 Mass. L. Rptr. 544 (Massachusetts Superior Court, 2001)
Krolikowski v. University of Massachusetts
150 F. Supp. 2d 246 (D. Massachusetts, 2001)
Grande v. Lahey Clinic Hospital, Inc.
725 N.E.2d 1083 (Massachusetts Appeals Court, 2000)
In re Storck
179 F.R.D. 57 (D. Massachusetts, 1998)
Ayash v. Dana Farber Cancer Institute
7 Mass. L. Rptr. 176 (Massachusetts Superior Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
671 N.E.2d 1004, 41 Mass. App. Ct. 559, 1996 Mass. App. LEXIS 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swatch-v-treat-massappct-1996.