42 U.S.C. § 1981 prohibits discrimination affecting citizens rights to make contracts. In the credentialing field, § 1981 has been used to circumvent the immunities provided by the Health Care Quality Improvement Act (HCQIA) because HCQIA provides an express exception stating that it doesn’t apply to actions brought pursuant to Section 1981. The premise is … Continue Reading
Ray v. Pinnacle Health Hospitals, Inc. is an interesting physician discrimination case, not because it presents new concepts, but more so because of the use of the hospital’s quality assurance data in the discovery and summary judgment process. The Third Circuit is merely affirming the grant of summary judgment by the United States District Court … Continue Reading
