In Copeland v. MidMichigan Regional Medical Center, a Michigan State Appellate Court affirmed a trial court’s grant of summary judgment in favor of the Hospital, based upon both HCQIA immunity and a general release signed by the physician as part of the initial medical staff application process.
These releases are almost universally included in …
One of the fundamental issues in credentialing disputes is whether the Medical Staff Bylaws constitute contracts between the Hospital and the individual physicians. If the Medical Staff Bylaws do constitute a contract, then the due process provisions contained in the Bylaws are guaranteed to the physician, regardless of the Health Care Quality Immunity Act (HCQIA).…
Peer Review “Interference” Alleged as Tortious Interference with Contract
Many sham peer review cases are based upon breach of contract in states in which the medical staff bylaws are treated as contracts between the hospital and/or medical staff and the individual physicians. Typically, the cause of actions is based upon some failure to provide the…
Sheikh v. Grant Regional Health Center is another case in a growing body of evidence that courts are granting less leeway and protection to hospitals which abuse the HCQIA immunity and reporting protections.
This is not a final decision awarding damages! It is only a decision by a Wisconsin federal district court rejecting the hospital’s motion…
In Babb v. Centre Community Hospital Geisinger Clinic, and Penn State Geisinger Health System, the Superior Court of Pennsylvania refused to grant the Defendant’s immunity pursuant to the Health Care Quality Improvement Act (HCQIA).
The standard HCQIA analysis was applied by the Court. Dr. Babb alleged the defendants were biased and motivated by something other than…
The lead report in BNA’s Health Law Reporter on May 31, 2012 noted an increase in lawsuits by doctors claiming that hospital peer review proceedings are being used as retaliation for whistleblower activities, i.e. reports pointing out improper practices and patient safety issues. The report cites two primary reasons for this growing trend:
· The…
HCQIA, ” due process” immunity…
Continue Reading Federal Court Denies HCQIA Immunity for Failure to Provide Due Process
Pacific Radiation Oncology LLC v. Queen’s Medical Center is a “retro” case in which the plaintiff physicians have obtained a temporary restraining order barring Queen’s Medical Center from adopting a closed department policy for its radiology oncology department.
Although this case is just in its early stages, it is interesting to note that federal court…
A Federal Court denied prevailing party attorneys’ fees to a hospital in a Health Care Quality Improvement Act (HCQIA) proceeding and allowed the hospital to design its own due process in Fox v. Good Samaritan Hospital.
The denial of the attorneys’ fees is basically based upon laches and estoppel theory, because the hospital waited…
The cases where hospitals are denied HCQIA immunity are few and far between, especially when that denial is predicated upon the due process requirement of HCQIA, because of the due process exception condoning procedures that are fair under the circumstances.
In Smigaj v. Yakima Valley Memorial Hospital Association, the Washington Court of Appeals reversed…
