Poliner Appeals to the Supreme Court
Dr. Poliner has petitioned the United States Supreme Court to review the Fifth Circuit decision dismissing his claims against Texas Health Systems based upon immunity under the Health Care Quality Improvement Act. Dr. Poliner is arguing that the Fifth Circuit in particular and courts in general have gone too far in granting immunity under the "objective standards" and refusing to consider any "subjective" evidence of bad faith, malicious intent and personal bias. The petition asserts that case law is basically providing absolute immunity for peer review decisions, rather than the qualified immunity described by the statute. The Supreme Court is not required to accept appeals; the Court can either allow the Circuit Court decision to stand or accept the appeal and decide the issue.
