A physician in Knoxville, Tennessee, Dr. Abu-Hatab, sued Blount Memorial Hospital alleging that his medical staff membership and clinical privileges had been terminated and retaliation for exercising his First Amendment right of free speech regarding complaints about medical care in the hospital. The United States District Court for the Eastern District of Tennessee granted summary judgment
Credentialing and Peer Review
California Supreme Court Vindicates Dr. Mileikowsky
By Michael Cassidy on
Posted in Credentialing and Peer Review
The California Supreme Court vindicated Dr. Mileikowsky when it affirmed an appellate court decision setting aside the hospital’s governing board decision terminating Dr. Mileikowsky’s hearing and ordering the hospital to convene and conduct a new hearing in accordance with the medical staff bylaws.
The basis of the dispute was a ruling and action by the…
California Enforces Anti-SLAPP Against Physician
By Michael Cassidy on
Posted in Credentialing and Peer Review
The Court of Appeals for the State of California has overruled a trial court decision holding a summary suspension was not a formal proceeding entitled to Anti-SLAPP protection. In Arunasalam v. St. Mary Medical Center, Dr. Arunasalam was summarily suspended for disruptive conduct and sought a Medical Staff Hearing, but the Medical Staff Hearing was…
Arkansas Court Restrains Economic Credentialing Policy in Baptist Health After Years of Procedural Litigation, Including Two Trips to the Arkansas Supreme Court
By Michael Cassidy on
Posted in Credentialing and Peer Review
The trial court in Baptist Health vs. Murphy has issued a decision permanently enjoining Baptist Health from enforcing its economic credentialing policy, and finding that Baptist Health tortuously interfered with the plaintiff physician’s contracts and engaged in deceptive trade practices under the Arkansas Deceptive Trade Practices Law.
Attached below is a comment on the article …
Trauma Surgeons Obtain Temporary Injunction Against Summary Suspensions
By Michael Cassidy on
Posted in Credentialing and Peer Review
AHLA and a Florida newspaper have reported an ongoing case in which 4 trauma surgeons have obtained a TRO blocking their summary suspensions, but the case is not over yet and there is no formal opinion. The AHLA report and the newspaper link are below.
Hospital officials argue suspension of trauma surgeons was necessary to protect patient
…
Poliner Appeal Rejected by U.S. Supreme Court
By Michael Cassidy on
Posted in Credentialing and Peer Review
On January 21, 2009, the U.S. Supreme Court denied Dr. Poliner’s petition to review the Fifth Circuit’s holding , leaving standing the decision that Texas Health System and Dr. James Knoechel qualified for HCQIA immunity.
MS.1.20: Joint Commission Reports on Task Force Progress
By Michael Cassidy on
Posted in Credentialing and Peer Review
(Chuck Mowll, cmowll@jointcommission.org) http://www.jointcommission.org/Library/jconline/jconline_jan_2009.htm
Standard MS.1.20 Task Force to meet in March
The MS.1.20 Task Force will meet in March to continue its work of determining the best approach to revise Standard MS.1.20 relating to Medical Staff bylaws. Any recommended changes would be the subject of a field review and consideration by the…
Physician Obtains Injunction Against Hospital’s Change in Status
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Cole vs. St. James Healthcare, the Montana Supreme Court affirmed the entry of a preliminary injunction against St. James Healthcare. The facts, briefly stated, were that the hospital had undertaken an investigation in a manner that was not authorized by the medical staff bylaws and changed Dr. Cole’s Medical Staff status without following the …
BREACH OF HCQIA PRECLUDES IMMUNITY DESPITE BYLAW COMPLIANCE
By Michael Cassidy on
Posted in Credentialing and Peer Review
A Colorado state appeals court concluded breach of due process provisions of the Health Care Quality Immunity Act (HCQIA) precluded immunity for St. Mary’s Hospital and MedicalCenter, even though the medical staff bylaws might not have required notice and a fair hearing for revocation of provisional clinical privileges.
The hospital’s medical staff bylaws …
Federal Court Requires Production of Peer Review Documents
By Michael Cassidy on
Posted in Credentialing and Peer Review
The United States District Court for the Northern District of Oklahoma has required Ardent Health Services to produce unredacted documents relating to the files of identified peer review physicians who practiced at the hospitals in order to examine whether the plaintiff’s peer review situation was handled differently than other physicians within the hospital.
The Court …