News & Analysis as of

Physicians Peer Review

Ward and Smith, P.A.

Navigating the National Practitioner Data Bank: A Guide for Healthcare Professionals (NPDB or Data Bank).

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Few aspects of the healthcare regulatory apparatus evoke more confusion and dread for healthcare practitioners than the National Practitioner Data Bank (NPDB or Data Bank).  Being reported to the Data Bank is often regarded...more

Nossaman LLP

Colorado’s Peer Review Privilege In Peril

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The confidentiality of medical staff peer review has long been a cornerstone of hospital operations, fostering an environment where physicians can candidly evaluate medical care without the looming specter of malpractice...more

Husch Blackwell LLP

A Higher Power: Physician obligations to report another physician’s conduct under Wyoming law

Husch Blackwell LLP on

Wyoming physicians are sometimes confronted with the awkward and difficult choice of whether to bring a colleague’s potentially unprofessional, unethical, or harmful conduct to light by making a report to a hospital’s peer...more

Epstein Becker & Green

SCOTUS Lets National Practitioner Data Bank Safeguards Stand

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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

Peer Review or Employment? A Framework for Addressing Physician Performance Issues in Hospitals

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COVID-19 accelerated the trend of physician employment with hospitals, with recent data showing that nearly 70 percent of physicians are employed by hospitals or hospital-affiliated foundations or groups.  While physician...more

Seyfarth Shaw LLP

Texas Lawmakers Enact New Laws Reforming Texas Medical Board Disciplinary Authority and Increasing Hospital Reporting Obligations

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On June 13, 2023, Texas Governor Greg Abbott signed a major new patient safety bill into law that is intended both to reform the disciplinary authority of the Texas Medical Board (TMB) and to better protect patients from...more

Polsinelli

Med-Staff Newsletter - February 2023 | VOL 11

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Structure of AMCs - While every AMC is unique, there are some common characteristics that many share: (1) the hospital and school are often tethered together from an organizational, governance and/or legal perspective;...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

Nossaman LLP

Medical Group Peer Review: The Next Frontier

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While hospital medical staffs have traditionally handled most of California’s peer review activity, recent trends are forcing more and more medical groups to wrestle with reporting and fair hearing obligations when...more

Procopio, Cory, Hargreaves & Savitch LLP

Why California Medical Staffs Should Review Their Bylaws

Many California medical staffs may be looking to start 2022 with updated bylaws. A recent case, Bichai v. Davita, Inc. (2021) 72 Cal.App.5th 1126, stands as a reminder that the bylaws cannot set forth a stricter burden of...more

Troutman Pepper

Pennsylvania Supreme Court Decision Broadens Medical Peer Review Protections in Leadbitter v. Keystone Anesthesia Consultants

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The Pennsylvania Supreme Court issued an order and opinion on August 17 holding that medical peer review documents do not need to be generated by a “peer review committee” to be protected under the Pennsylvania Peer Review...more

Nossaman LLP

Ruling Addresses Anti-SLAPP Usage in Medical Peer Review Process

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The California Supreme Court has addressed yet another brick in the anti-SLAPP wall protecting the medical peer review process from challenges by disgruntled physicians and delivered a mixed-bag opinion, with one holding...more

Polsinelli

The Limits of HCQIA Immunity: Disclosure of Information Outside of Professional Review Bodies and Falsity of Information

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The United States District Court for the Western District of Washington’s decision interpreting the Health Care Quality Improvement Act, 42 U.S.C. § 11101, et seq., (“HCQIA”), highlights specific requirements for immunity...more

Polsinelli

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

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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

Polsinelli

Prescription Practices Called into Question: Iowa Court Applies Four-Factor Test to Physician’s Defamation Claim Based on Report...

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The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more

Polsinelli

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

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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

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

Stoel Rives - Health Law Insider®

Department of Health (“DOH”) Has Issued Material Updates to Rules Governing Coordinated Quality Improvement Program (“CQIP”)...

Many health care entities took a “set it and forget it” approach to their CQIPs once the CQIPs were approved by DOH under regulations adopted in 2006.  Beginning tomorrow, such entities will need to reconsider their...more

Chambliss, Bahner & Stophel, P.C.

Preparing Physicians for the Peer Review Process

For physicians, the peer review process has been created to address professional issues that arise and range from behavioral to medical decision-making. The process has developed over time and varies from employer to...more

Troutman Pepper

Pennsylvania Supreme Court to Address Whether Peer Review Privilege Applies to Hospital Credentialing

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Last week, the Pennsylvania Supreme Court announced it would address whether the Pennsylvania Peer Review Protection Act (PRPA or Act) protects documents in hospital credentialing files. This decision could significantly...more

Polsinelli

Med-Staff Newsletter - October 2020 | VOL 5

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The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...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

Maynard Nexsen

The Modernized South Carolina Hospital "Peer Review" Law: Mission Accomplished?

Maynard Nexsen on

It was a rare sight appearing before the South Carolina General Assembly during the 2012 legislative session. The South Carolina Hospital Association, the South Carolina Association for Justice (Trial Lawyers), and the South...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

White and Williams LLP

Peer Review Privilege Continues to Weaken

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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

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