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…

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The Oklahoma Supreme Court has decided  the Oklahoma Peer Review statute (Professional Review Bodies – Protection From Liability Act) does not provide blanket immunity to peer review bodies in Oklahoma. The statute is only a defense to liability if the peer review body meets all of the requirements of the Act. In Smith v. Deaconess Hospital…