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Peer Review Appeals

ArentFox Schiff

Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

ArentFox Schiff on

In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more

ArentFox Schiff

California Supreme Court Issues Key Decision on Peer Review Hearing Officer Bias in Natarajan V. Dignity Health

ArentFox Schiff on

In Natarajan v. Dignity Health, the Supreme Court rejected a physician’s challenge to a peer review hearing officer based on alleged financial bias. In doing so, the Court gave hospitals helpful and long-needed guidance...more

Polsinelli

Preclusion Doctrines and Peer Review: Arizona Hospital Peer Review Process Given Same Preclusive Effect as Court Judgment

Polsinelli on

You only get one bite at the apple. Lawyers use this expression to describe the legal concept that a cause of action may not be relitigated after it has already been judged on the merits. The twin components of this concept...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Peer Review Immunity is a Bar to Doctor's Allegations of Defamation

When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require...more

White and Williams LLP

PA Supreme Court to Revisit Peer Review Protections for Credentialing

White and Williams LLP on

In September, the Pennsylvania Supreme Court agreed with the urging of the Superior Court to hear an appeal on whether the Pennsylvania Peer Review Protection Act (PRPA or the Act) shields from discovery the evaluations of...more

Bricker Graydon LLP

PA appellate court holds that physician credentialing file is not protected by the state peer review privilege

Bricker Graydon LLP on

In a highly unfavorable peer review decision, Leadbitter v. Keystone Anesthesia v. Petraglia, entered on February 12, 2020, a Pennsylvania state appellate court upheld an order compelling a hospital to produce the unredacted...more

ArentFox Schiff

Update: California Court of Appeal Orders Publication of Natarajan V. Dignity Health

ArentFox Schiff on

Natarajan addressed an important question: When may physicians who are the subject of a peer review hearing challenge the hearing officer in their cases on the ground that the hearing officer is biased? We have published a...more

ArentFox Schiff

Court of Appeal Rejects Bias Challenge to Peer Review Hearing Officer

ArentFox Schiff on

The case, Natarajan v. Dignity Health, attracted keen interest as the physician’s arguments, if adopted, would likely have disqualified numerous experienced hearing officers from service in California medical staff peer...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on

Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Buchalter

Managing Problematic Hospital-Based Physicians in Light of Economy v. Sutter East Bay Hospitals

Buchalter on

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Proskauer - Law and the Workplace

Seventh Circuit Reaffirms Test for Employee Status

On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws, holding that a physician lacked standing to bring Title VII claims against the hospital at which...more

Buchalter

California Appellate Court Decision Impacts Ability to Terminate Hospital-Based Physicians

Buchalter on

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Baker Donelson

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

Baker Donelson on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Holland & Knight LLP

Florida Supreme Court: Physicians' Peer Reviews Not Protected from Public Disclosure

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• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more

Holland & Knight LLP

Healthcare Law Update: December 2016

Holland & Knight LLP on

Prompt Payment Discounts Not an Anti-Kickback Statute Violation - In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...more

Foley & Lardner LLP

Judicial Internet Research: Dr. Posner Faces Peer Review

Foley & Lardner LLP on

Last month, we wrote about the Seventh Circuit’s decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), a decision written by Judge Richard Posner that created considerable controversy regarding the propriety of internet...more

Patrick Malone & Associates P.C. | DC Injury...

Appeals Court Affirms Jury Verdict against Orthopedic Surgeons Society

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

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