Tag Archives: Health Care Quality Improvement Act of 1986

California Decision Allows Physician to Challenge Sham Peer Review as Whistleblower Retaliation

In Fahlen v. Sutter Central Valley Hospitals, the California Supreme Court found: A physician is not required to first exhaust his administrative remedies through the medical staff appeals process in order to challenge sham peer review as whistleblower retaliation; and Dr. Fahlen qualified as a whistleblower for purposes of the California Whistleblower Act. The California … Continue Reading

Patient Safety and Quality Improvement Act (PSQIA) May Change Federal Common Law Privilege

In KD v. United States, a decision by the United States District Court for the District of Delaware, both granting and denying a motion for a protective order in parts, indicates that PSQIA of 2005 has changed its opinion regarding the protection of peer review documents under federal common law privilege.  The opinion notes that … Continue Reading
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