The U.S. District Court for the Eastern District of Tennessee concluded that a hospital’s affirmative defenses pursuant to the Healthcare Quality Improvement Act (HCQIA) were not sufficient to independently establish federal jurisdiction, and therefore approved a physician’s motion to remand the state court case that had been removed to federal court by the hospital defendant.
You can view an analysis of the case by Bart Lee, Esquire (www.medlawblog.com/Breach of Contract.doc) and a copy of the opinion. www.medlawblog.com/Opinion.pdf
