PENNSYLVANIA HOSPITAL IMPOSES MANDATORY CALL
AND TERMINATES CLINICAL PRIVILEGES
Lehigh Valley Hospital has terminated the clinical privileges of three orthopedic hand surgeons because they won’t accept every hand injury case transferred to the Cedar Crest emergency room. The story was reported in the February 17, 2008 edition of the Morning Call and the full story can…
Levy v. Clinton Memorial Hospital, a recent Ohio state court case, confirms the longstanding concept that hospitals may close medical staffs or departments for quality of care reasons, but also reaches the absurd legal conclusion that medical staff bylaws do not constitute contracts and that clinical privileges are equipment specific.
FACTS
Clinton Memorial Hospital…
EXHAUSTION OF ADMINISTRATIVE REMEDIES CONFIRMED AGAIN
A Colorado Federal District Court has confirmed the applicability of the doctrine of exhaustion administrative remedies regarding credentialing disputes. In Catholic Health Initiatives, Colorado v. Gross, Dr. Gross terminated the hospital peer review process by resigning during the early stages of an investigation. The facts of the case indicate that…
JOINT COMMISSION ANNOUNCES MS.1.20 TASK FORCE
The Joint Commission today announced the establishment of a special fact finding task force that will examine implementation issues related to revised hospital medical staff standard MS.1.20 and address issues of concern that have been raised. The Joint Commission expects the task force report at the Board of Commissioners…
The California Supreme Court has agreed to hear the appeal of Mileikowsky vs. West Hills Hospital and Medical Center. The question to be heard on appeal is:
“Does the presiding officer in a medical review proceeding have the authority to terminate the hearing as a sanction for a party’s failure to cooperate in discovery, or…
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…
PEER REVIEW LITIGATION REQUIRES PRIOR
EXHAUSTION OF ADMINISTRATIVE REMEDIES
The Colorado Supreme Court decided that physicians must exhaust administrative remedies before seeking injunctive relief or monetary damages in court; in the case of Crow vs. Penrose-St. Francis Health Care System, the Court stated:
“Because the governing board has yet to reach its final decision…
The new Joint Commission Medical Staff standards (MS.1.20) are creating significant turmoil within the healthcare industry. Below is a BNA Report regarding the American Health Lawyers Association teleconference on the issue, in which Mike Cassidy, one of Tucker’s Pennsylvania healthcare attorneys, was a presenter:
Revised Joint Commission Standards for Medical Staff Operations Roil Industry
California courts have been active concerning peer review issues, ruling on three major decisions in the month of August. The Court of Appeals of California and the Federal District Court for the Northern District of California issued opinions further clarifying peer review processes in the state. These decisions not only affect practitioners within California, but also will influence courts across the country faced with the similar issues.Continue Reading Peer Review Hot Topic for California Courts
Although the newly adopted Joint Commission Standard MS.1.20 will compel hospitals and medical staffs to re-evaluate the provisions of the medical staff by-laws on a multitude of issues, I would like to focus just upon peer review issues from the physician’s perspective, i.e., the physician who is the “target” of the peer review investigation or…
