News & Analysis as of

Peer Review Healthcare

Hogan Lovells

French legal and regulatory update - November 2018

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e - newsletter, which offers a legal and regulatory update covering France and Europe for November 2018. Please see full...more

Holland & Hart - Health Law Blog

Utah Care-Review Privilege

Utah adopted a care-review privilege “to improve medical care by allowing health-care personnel to reduce morbidity or mortality and to provide information to evaluate and improve hospital and health care.” In January, the...more

Holland & Knight LLP

Healthcare Law Update: December 2016

by 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

Barley Snyder

Missed Opportunity by The Supreme Court to Address the Erosion of Hospital Self-Review Privileges

by Barley Snyder on

In Tibbs v. Bunnell, the U.S. Supreme Court recently denied a hospital’s petition for certiorari to review the scope of the patient safety work product privilege. The hospital appealed from a Kentucky Supreme Court decision...more

Davis Wright Tremaine LLP

New California Laws Affecting Outpatient Surgery Settings Go Into Effect January 1, 2016

by Davis Wright Tremaine LLP on

New Development - California Senate Bill 396 (SB 396), which strengthened requirements for outpatient clinics such as ambulatory surgery centers, was recently signed into law and becomes effective January 1, 2016....more

Howard Ankin

Could Recorded Medical Procedures Be in the Future of Medical Malpractice Investigation and Prevention

by Howard Ankin on

Smartphones are everywhere these days, it seems, and more and more individuals are using them to record interactions with doctors. Many might remember a case in June of 2015, when a Virginia man was awarded $500,000 after...more

Polsinelli

NLRB: Peer Review Obligations Trumped by NLRA

by Polsinelli on

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

BakerHostetler

NLRB: Nurses Entitled to Union Representation at Peer Review Meeting

by BakerHostetler on

The NLRB, in an August 27, 2015, decision, held that two nurses who were requested to voluntarily appear before a hospital’s Nursing Peer Review Committee were entitled to have their union representatives attend the peer...more

Tucker Arensberg, P.C.

Blue Cross of Northeastern Pennsylvania Denied Peer Review Protection

by Tucker Arensberg, P.C. on

The Pennsylvania Superior Court has decided the Pennsylvania Peer Review Protection Act does not apply to alleged peer review activity conducted by Blue Cross of Northeastern Pennsylvania, because Blue Cross is not a...more

Poyner Spruill LLP

The Health Law Guide to Hospital Operations

by Poyner Spruill LLP on

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

Nossaman LLP

New Developments on Interplay between Whistleblower Actions and Other Attacks on Hospital Discipline

by Nossaman LLP on

Hospitals and their medical staffs may consider it time to dust off their bylaws, in consideration of a recent legal development in a peer review proceeding. Last year, the California Supreme Court held that Mark T....more

Buchanan Ingersoll & Rooney PC

“New Jersey’s Patient Safety Act and Statutory Peer Review Privilege”

The discoverability of documents created by medical institutions during the peer review process has long been the subject of conflict between parties in litigation. Often times the disputed documents contain information that...more

Tucker Arensberg, P.C.

Peer Review Privilege: Facts vs. Conclusions

by Tucker Arensberg, P.C. on

All states have some degree of confidentiality protection for peer review activities and the information generated by those activities, and there is additional federal protection for information gathered and created by...more

Faegre Baker Daniels

Rip Van Winkle Fails in Effort to Enjoin Peer Review Process

by Faegre Baker Daniels on

Okay, it wasn’t really Rip Van Winkle. Rip slept for only twenty years. It was Dr. Legrand Belnap who sued a Salt Lake City hospital and its medical executive committee members. ...more

McAfee & Taft

Oklahoma Legislature significantly expands peer review privilege

by McAfee & Taft on

Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more

Pepper Hamilton LLP

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

by Pepper Hamilton LLP on

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

Faegre Baker Daniels

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

by Faegre Baker Daniels on

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

Dickinson Wright

Peer Review is not always Privileged

by Dickinson Wright on

Hospitals, ambulatory surgery centers and independent diagnostic centers cannot exist without physicians and other medical providers. In order to practice at those facilities, the medical professional often is required to be...more

Tucker Arensberg, P.C.

Ohio Court Reiterates Peer Review Privilege Applies Only to Formal Peer Review Actions

by Tucker Arensberg, P.C. on

A Hospital in Ohio tried to prevent access to a patient incident report on the basis of Peer Review Privilege. The Hospital claimed that, since the incident report was reviewed by the Hospital Peer Review Committee, the...more

Tucker Arensberg, P.C.

California Decision Allows Physician to Challenge Sham Peer Review as Whistleblower Retaliation

by Tucker Arensberg, P.C. on

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

Nossaman LLP

The Fahlen Floodgates: Straight Talk about Two-Track Peer Review

by Nossaman LLP on

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

Davis Wright Tremaine LLP

California Court Clarifies Controversial Questions About Medical Staff Peer Review Decisions and the Power of Hospital Boards

by Davis Wright Tremaine LLP on

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

Tucker Arensberg, P.C.

NPDB Guidebook revision would clarify investigation reporting issues

by 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...more

Katten Muchin Rosenman LLP

Managing Peer Review Investigations: How to Avoid Hearings and Litigation

by Katten Muchin Rosenman LLP on

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

Davis Wright Tremaine LLP

Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents

by Davis Wright Tremaine LLP on

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

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