Managing Peer Review Investigations: How to Avoid Hearings and Litigation

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In this presentation:

- Provide recommendations regarding best practices, bylaw provisions and other strategies to address and resolve quality and peer review issues without resorting to “investigations” and hearings.

- Discussion on what constitutes an “investigation” for Data Bank purposes

- Use of collegial intervention.

- What actions are and are not reportable to the Data Bank – when can a physician resign without a report?

- When pursuing a code of conduct/disruptive behavior pathway is more appropriate than peer review/investigation procedures.

- How to manage the peer review process and investigation stages to avoid hearings and litigation.

- Overview and recommendations regarding hearing procedures.

- Maximizing confidentiality and immunity protections under state law, HCQIA and Patient Safety Act.

- Effective use of hearing officers.

- How to select medical staff hearing representatives and hearing committee members.

- The proper role of legal counsel.

- The appropriate standard of review in hearings.

- The standards applied by the courts when reviewing peer review decisions.

- The most typical claims and defenses.

- Litigation strategies.

- Settlement strategies.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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