The Impact of Peer Review on the Legal Industry with Phillip Greer, CEO of Best Lawyers: On Record PR
FCPA Compliance Report-Episode 329, James Koukios
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
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
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
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
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
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
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
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
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
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
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
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
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
• 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
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
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
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