Norton Hospitals, Inc. v. Peyton
2012 Ky. LEXIS 165
| Ky. | 2012Background
- Peyton, nine months pregnant, admitted to Norton for an induction and provided medical history, including prior drug use, with Cabinet history of removing her older child.
- Admitting notes included a comment: 'NEEDS TOX SCREEN PER SOCIAL SERVICES'; Norton reported a BAC of 0.3 mg/dL, converting to a BAP of .0003%.
- Dr. Mehta reported Peyton’s BAC to the Cabinet in terms of BAP, prompting agency action; the Cabinet reportedly misinterpreted the result as 0.3 gm% BAP.
- Peyton gave birth; her son was removed based on the Cabinet’s interpretation; she sued Norton, NICE, and Dr. Mehta for malpractice and related claims.
- Defendants moved for summary judgment invoking KRS 620.050 immunity for reporters acting upon reasonable cause in reporting or acting in good faith; the circuit court granted summary judgment.
- Court of Appeals reversed, leading to mandatory review to resolve the scope of KRS 620.050 immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Immunity standard under KRS 620.050(1) | Peyton: requires reasonable cause for immunity. | Appellants: good faith suffices for immunity. | Immunity applies if acting upon reasonable cause or in good faith. |
| Application of immunity to these facts | Peyton: none of the reporters had reasonable cause; no immunity. | Appellants: admitted drug history and notes gave reasonable cause or good faith. | Appellants acted with good faith and had reasonable cause, entitling them to immunity as a matter of law. |
Key Cases Cited
- Roberts v. Hackney, 109 Ky. 265, 59 S.W. 328 (1900) (good faith as discharge of duty; state of mind standard)
- Star Bank, Kenton County, Inc. v. Parnell, 992 S.W.2d 189 (Ky. App. 1998) (good faith belief in discharge of duty)
- Pathways, Inc. v. Hammons, 113 S.W.3d 85 (Ky. 2003) (mixed question of law and fact on summary judgment)
- Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009) (immunity and summary judgment considerations)
- King Drugs, Inc. v. Commonwealth, 250 S.W.3d 643 (Ky. 2008) (interpreting immunity and statutory language)