In Fahlen v. Sutter Central Valley Hospitals, the California Supreme Court found:
A physician is not required to first exhaust his administrative remedies through the medical staff appeals process in order to...more
The recent decision by the California Supreme Court in Fahlen v. Sutter Central Valley Hospitals, No. S205568 , 2014 WL 655995 (Cal. 2014) may significantly weaken the efficacy of hospital peer review proceedings in...more
The California Supreme Court unanimously ruled on February 20, 2014, that a physician claiming that her/his privileges were terminated in retaliation for whistleblowing to safeguard patient care and safety does not have to...more
An orthopedic surgeon who fought back and won a court case after the society of orthopedic surgeons slammed him for testifying that another surgeon had committed malpractice has now won an appeal of the legal case....more
The European Union (“EU”) has cleared the way for adoption of a new clinical trials regulation within the EU. On December 20, 2013, the Committee of Permanent Representatives of the European Union endorsed proposed revisions...more
Two recent California Court of Appeal opinions decide issues of first impression in the medical staff peer review arena, helping to resolve questions that have long been uncertain and controversial. In the first of the two...more
Physicians always have been justifiably concerned about reports to the National Practitioner Data Bank (NPDB) regarding malpractice payments and adverse peer review actions. Two areas of frequent uncertainty have...more
The Cayman Islands have moved forward in terms of peer reviews and AIFMD compliance.
OECD – Successful Compliance Ratings
The Global Forum of the Organisation for Economic Co-operation and Development met in...more
On June 6, 2013, the California Supreme Court ruled unanimously in El-Attar v. Hollywood Presbyterian Medical Center that the delegation of a peer-review matter to the hospital's governing board did not violate a physician's...more
Many sham peer review cases are based upon breach of contract in states in which the medical staff bylaws are treated as contracts between the hospital and/or medical staff and the individual physicians. Typically, the cause...more
The California Supreme Court, on June 6, 2013, ruled unanimously in El-Attar v. Hollywood Presbyterian Medical Center, that the delegation of a peer review matter to the hospital's governing board did not violate a...more
In this presentation:
- Overview and recommendations regarding hearing procedures.
- Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act.
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...more
Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant...more
The Organisation for Economic Co-operation and Development (“OECD”) recently published a report in which the Cayman Islands was commended for the “streamlined, efficient and responsive procedures it has is in place to...more
[Ed. Patent Docs recently reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide...more
A federal judge this week upheld a jury verdict against the American Academy of Orthopedic Surgeons, finding sufficient evidence for the jury's decision that the AAOS acted with "reckless disregard for the truth" in...more
In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more
On Monday, March 25, the USEPA’s Science Advisory Board (SAB) announced that it has formed an independent body of experts to peer-review the agency’s ongoing hydraulic fracturing research. Specifically, the Hydraulic...more
Originally published in American Health Lawyers Association's MedStaff News - November 2012.
Much ink has been spilled over the last several years concerning the growth of telemedicine. Taking advantage of high-tech...more
Originally published in the Daily Journal on August 24, 2012.
A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more
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