Tshibaka v. Carroll Hospital Center, Inc. et al

Filing 103

ORDER Granting 100 Motion to Dismiss for Failure to State a Claim. Signed by Judge J. Frederick Motz on 4/13/2017. (bas, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
101 WEST LOMBARD STREET
BALTIMOR.E, MARYLAND 21201
[phone]
[phone] FAX

CHAMBERS OF
1. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

April 13,2017
MEMO TO COUNSEL RE: Cimenga Tshibaka, M.D. v. Carroll Hospital Center
Civil No. JFM-13-2760
Dear Counsel:
I have reviewed the papers submitted in connection with defendant Jaime Elliott's motion
to dismiss. The motion (document 100) is granted. I remain of the view that Elliott is entitled to
absolute immunity. The Court of Appeals of Maryland has applied the absolute privilege in nonjudicial proceedings when "the same policy considerations which underlie the application of the
privilege in the judicial sphere are ... present." Imperial v. Drapeau, 716 A.2d 244, 249 (Md.
1998).
In any event, defendant is entitled to qualified immunity under the Healthcare Quality
Improvement Act. She was a "person who participate[ d] with or assist[ ed] the [professional
review] body" with respect to the [professional review action]," pursuant to 42 U.S.c.
gllll(a)(l)(d).
To the extent that plaintiff complains about Elliott having discussed the matter with two
of her supervisors, before preparing and submitting her formal complaint, she was acting in
accordance with the dictates of the Medical Staff Code of Conduct Policy. In any event,
plaintiff s claim for damages is based on the fact that her privileges were revoked, not upon
Elliott's discussion with her supervisors.

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J. Frederick Motz
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