HCQIA Immunity Denied to Hospital for Denial of Due Process
HCQIA IMMUNITY DENIED FOR
HOSPITAL VIOLATIONS OF DUE PROCESS
In the case of Wilkey vs. The McCullough - Hyde Memorial Hospital , the United States District for the Southern District of Ohio denied the hospital's request for summary judgment based upon immunity under the Health Care Quality Improvement Act because the hospital allegedly used an incompetent expert, denied Dr. Wilkey the opportunity to cross-examine that expert, and withheld a second favorable external review. This is only a denial of a motion for summary judgment, so the ultimate resolution of the case might indeed be different. However, this is a case where the hospital's denial of due process in the common law sense of the word has deprived it of HCQIA immunity at this level. A link to the full case is posted below:
http://op.bna.com/hl.nsf/id/psts-78aklh/$File/wilkey.pdf
