In Sabharwal v. Mount Sinai Medical Center, Queens Hospital Center, and Won Chee, the plaintiff alleged employment discrimination in that she was subjected to a hostile work environment and unlawful discrimination by not being reappointed as the Assistant Director of Anesthesia on account of age, sex and disability. The plaintiff requested production of certain records
Credentialing and Peer Review
Removal of Independent Contractor Did not Violate Due Process
By Michael Cassidy on
Posted in Credentialing and Peer Review
Schueller v. Goddard is a fairly typical hospital staffing scenario. Dr. Schueller was an independent contractor with an emergency services group, which in turn had an exclusive service contract with Drew Memorial Hospital in Arkansas. The 8th Circuit Court of Appeals affirmed a grant of summary judgment by the District Court in favor of the hospital…
Florida Peer Review Statute
By Michael Cassidy on
Posted in Credentialing and Peer Review
http://op.bna.com/hl.nsf/id/mapi-8djmlg/$File/lawnwood.pdf…
Continue Reading Florida Peer Review Statute
Female ObGyn Loses Pay Discrimination Claim
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Leitgen v. Franciscan Skemp Healthcare, Inc., 7th Cir. appeals court confirms summary judgment by the district court denying Dr. Leitgen’s claim of discriminatory pay practices.The physicians at Franciscan Skemp Healthcare were paid a salary plus a bonus. The bonus for professional fees for obstetrical delivery services were collected and paid to the participating…
Peer Review Confidentiality Cases Distinguish Peer Review from Risk Management
By Michael Cassidy on
Posted in Credentialing and Peer Review
Two recent malpractice cases indicate the distinction between ordinary risk management processes and peer review issues. In Johnson v. Detroit Medical Center, a Michigan state court held that a physician’s credentialing file was protected by the confidentiality provisions of Michigan’s Peer Review Confidentiality Statute, and also protected the physician’s operative logs because the doctor/patient privilege…
Third Circuit Affirms Judgment for Hospital on Physician Race Discrimination Claims
By Michael Cassidy on
Posted in Credentialing and Peer Review
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…
Incident Reports Not Protected by Peer Review
By Michael Cassidy on
Posted in Credentialing and Peer Review
Ellison v. Women & Children’s Hospital of Buffalo, a malpractice case brought in the Western District of Pennsylvania against hospitals in Buffalo and Pennsylvania, is a case in which the parents of the plaintiff were seeking production of “a nurse’s handwritten notice relating to the medical care and treatment provided to a minor while…
Wrongful Databank Report Does Not Justify Defamation Action
By Michael Cassidy on
Posted in Credentialing and Peer Review
Frengell v. InterCare Community Health Network demonstrates the counterintuitive nature of certain peer review actions.
Dr. Frengell’s employment was terminated following the inappropriate prescription of narcotics. InterCare reported Dr. Frengell to the National Practitioners’ Data Bank, although the report was not required and the court concluded, and InterCare admitted, that it had not provided any…
Actual Adverse Outcomes Irrelevant to HCQIA Investigation
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Pierson v. Orlando Health, the U.S. District Court for the Middle District of Florida granted a motion for summary judgment for the hospital on the basis that the hospital was immune from any liability from damages under the immunity provisions of the Health Care Quality Improvement Act (HCQIA).
Dr. Pierson had argued that…
Public Policy of Preserving Physician Patient Relationships Rejected
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Genchi v. Lower Florida Keys Hospital District, a Florida State Appeals Court took the opposite view from the Arkansas Supreme Court in Baptist Health, posted just last week, regarding the importance of preserving physician/patient relationships.
In Baptist Health, the Arkansas Supreme Court recognized the potential interference with physician patient relationships posed by…