Credentialing and Peer Review

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In what is becoming well settled law, the U.S. District Court for the District of Massachusetts ruled that a medical resident is entitled to seek production of the evaluations and records of other residents as part of a federal discrimination claim, regardless of the confidentiality rules of state peer review statutes. 

In Gargiulo v. Baystate …

In Crow v. Penrose-St. Francis Healthcare System, a Colorado Appeals Court awarded attorneys’ fees to a hospital that successfully defended the claim by a physician seeking damages for breach of contract and torte claims. 

The Colorado Rules of Civil Procedures authorized an award of attorneys’ fees when a trial court dismissed an action under…

In Gargiulo v. Baystate Health, Inc., Dr. Debra Gargiulo alleged that she was discriminated against on the basis of her age and disability by Baystate Health in violation of both federal and state law. As part of her claim, the plaintiff sought production of numerous documents relating to her records, evaluations and reports, as well…

In Georgopoulos v. Humility of Mary Health Partners Inc., Dr. Georgopoulos was placed upon a six month surgical proctoring requirement because of extended operating times and excessive use of blood products.  In addition to many procedural defenses, Dr. Georgopoulos’s primary substantive defense is that his patient survival and freedom from major cardiac events…

The memorable lesson of Sternberg v. Nanticoke Memorial Hospital is that the Delaware Supreme Court upheld a grant of summary judgment to the hospital on the basis of immunity under the Health Care Quality Improvement Act (HCQIA), despite:

·         The physician was admittedly a competent orthopaedic surgeon; and

·         There had been no…

Defining and disciplining disruptive physicians has been a difficult problem for hospital administration and the medical staff for quite some time now, long enough for the Joint Commission to actually require leadership standard LD.3.10 beginning in 2009. Medical staffs have frequently been torn between protecting their members, who are frequently high performing physicians, while maintaining appropriate…

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