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Peer Review Medical Malpractice

Epstein Becker & Green

SCOTUS Lets National Practitioner Data Bank Safeguards Stand

Epstein Becker & Green on

Last month, the U.S. Supreme Court declined to review a case challenging the sufficiency of due process protections in the Health Care Quality Improvement Act (HCQIA) and National Practitioner Data Bank (NPDB), effectively...more

Nossaman LLP

California’s New Apology Law and Its Impact on Peer Review Hearings

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Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law.  But California has passed a new “apology law” that modifies that standard, erecting a...more

Polsinelli

Different Committee, Different Scope: Delaware Court Holds Credentials Committee Documents May Be Subject to Discovery

Polsinelli on

Deborah Palmer (“Plaintiff”), as the surviving spouse of Vance Palmer (“Mr. Palmer”), brought multiple claims against defendants Christiana Care Health Services, Inc. (“Hospital”) and neurosurgeon Bikash Bose, M.D. (“Dr....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

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

Seyfarth Shaw LLP on

Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

White and Williams LLP

Peer Review Privilege Continues to Weaken

White and Williams LLP on

In a further erosion of the peer review privilege, the Superior Court in, Leadbitter v. Keystone Anesthesia Consultants, Ltd., affirmed a discovery order compelling the production of the complete, un-redacted credentialing...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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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

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

As doctors warned UNC about heart surgery program, kids kept dying

Although big hospitals may love to pat themselves on the back and boost their profits and professional standings by claiming to offer “comprehensive” services, children may suffer and die due to the reality versus the hubris...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature: Halfway Point - Issue 6

We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...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

Polsinelli

Med-Staff Publication - September 2018

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Polsinelli is pleased to share the Med-Staff Quarterly Publication. This newsletter contains articles and insight into issues that affect the Med-Staff industry. ...more

Tucker Arensberg, P.C.

Employment Performance Review Excluded from Peer Review Confidentiality

Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court ruled, on March 27, 2018, in Regenelli v. Boggs, Monogahela Valley Hospital and UPMC/ERMI that physician performance reviews of an ER physician, who was provided by ERMI to Mon Valley Hospital,...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

Pullman & Comley, LLC

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

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

South Dakota high court won’t force hospitals to disclose why they let a bad doctor operate on patients’ spines

South Dakotans will need their state lawmakers’ help now to pry open physicians’ iron grip on secret decisions about which doctors get to practice in hospitals and why. That’s because the state’s Supreme Court ruled this...more

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

S. Dakota high court asked to pry open hospitals’ secret approval of brutal MD

South Dakota’s highest court has been asked to reject hospitals’ attempts to keep secret why a doctor, who also is a convicted burglar with a checkered medical past that could have easily been uncovered, passed a peer review...more

Polsinelli

NLRB: Peer Review Obligations Trumped by NLRA

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On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

Faegre Drinker Biddle & Reath LLP

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

Lawyers for Chicago’s Mercy Hospital found that out Monday when a federal court ruled on their claim of peer review privilege for hundreds of documents sought by the plaintiff in a malpractice case. The court blasted the...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

Tucker Arensberg, P.C.

NPDB Guidebook revision would clarify investigation reporting issues

Tucker Arensberg, P.C. on

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 been: ...more

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