Despite the many cases acknowledging the right of hospitals to enter into exclusive contracts, there is always the issue of what happens with the existing clinical privileges and medical staff memberships of the physicians who are being replaced, assuming they are not the physicians receiving the exclusive contract. Defenders of physician rights have typically argued
due process
Ninth Circuit Court Denies Hospital Attorneys’ Fees, but Allows Ad Hoc Due Process
By Michael Cassidy on
Posted in Credentialing and Peer Review
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…
Medical Staff and Employment Issues Collide Again
By Michael Cassidy on
Posted in Credentialing and Peer Review
The Mississippi State Appeals Court affirmed a summary judgment decision by a Mississippi State Court in the case of C. Jake Lambert, Jr. M.D. v. Baptist Memorial Hospital-North Mississippi, Inc. and Baptist Memorial Health Services, Inc. Dr. Lambert was a medical staff member of Baptist Memorial Hospital (Hospital) and an employee of Baptist Memorial…
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…
California Federal Court Denies Attorneys Fees in HCQIA Case
By Michael Cassidy on
Posted in Credentialing and Peer Review
Fox v. Good Samaritan presents two interesting variations on issues commonly raised in peer review cases. The case originated 10 years ago and arises out of the suspension of Dr. Fox after he refused to designate a coverage physician with clinical privileges equal to his own. When Good Samaritan Hospital suspended his clinical privileges, following medical staff…
Fundamental Fairness Trumps Technical Violations of Bylaws
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Ramamurthy v. JFK Medical Center and Solaris Health System the Appellate Division of the Superior Court of New Jersey affirmed a summary judgment dismissing Dr. Ramamurthy’s Petition for Injunctive Relief, which sought a court order prohibiting a suspension imposed by the hospital. Dr. Ramamurthy had argued at the trial court level that the hospital had…
HCQIA Immunity Requires Due Process
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Hussein vs. Duncan Regional Hospital, United States District Court for the Western District of Oklahoma denied immunity under the Health Care Quality Improvement Act (HCQIA) to Duncan Regional Hospital because it terminated a physician’s privileges and reported him to the National Practitioners Data Bank (NPDB) without providing notice or an opportunity to be…