Bainhauer v. Manoukian

In Bainhauer v. Manoukian, 215 N.J. Super. 9, 520 A.2d 1154 (App.Div.1987) an anesthesiologist sued a surgeon who made disparaging comments about his competency to various hospital personnel. After a patient died in the recovery room, the patient's surgeon, Manoukian, informed the chief of the anesthesia service, Lutz, that he did not want Bainhauer, another anesthesiologist, to administer anesthesia to any of his patients because he "just killed my patient." 215 N.J. Super. at 17, 520 A.2d 1154. The Court determined that the conditional special-interest privilege described in Coleman v. Newark Morning Ledger Co., 29 N.J. 357, 149 A.2d 193 (1959), applied to the publication of defamatory information by a physician concerning the conduct of another physician. The Court concluded that the policy implications attendant to the quality of health care in a hospital setting required the application of such privilege to that factual circumstance. The Court concluded in Bainhauer, the physician's interest in his or her reputation is outweighed by the public and private interests served by "encouraging physicians to speak out when, in their professional judgment, a colleague's skill and qualification are questionable." Bainhauer, supra, 215 N.J. Super. at 38, 520 A.2d 1154. In Bainhauer, defendant had made statements to other surgeons who had no supervisory power over the plaintiff. The court found that the communication was privileged because "all the surgeons had a community of interest in the performance of the hospital's three anesthesiologists" and thus, "their patients' common interest as well as their own professional interest justified the communication." 215 N.J. Super. at 39, 520 A.2d 1154