Jacobs v. Frank

Our disposition of this case begins with a determination *113as to whether Frank has a qualified privilege pursuant to R.C. 2305.25 that protects the statements he wrote in his October 25 letter.* 1 If the statements in Frank’s letter are cloaked with a qualified privilege, Jacobs must prove Frank acted with “actual malice” to defeat the protection afforded by the statute.

QUALIFIED PRIVILEGE

R.C. 2305.25 provides qualified immunity from suit to, among others, members or employees of utilization review, tissue, and peer review committees for actions taken within the scope of their functions. It…