The United States District Court for the District of Columbia dismissed employment discrimination and federal due process claims against a New Hampshire hospital. The court also dismissed several tort actions and a Fifth Amendment action brought against a referring physician...
The Supreme Court of Delaware affirmed a Superior Court's decision to award attorney's fees of approximately $413,000 and additional costs of approximately $26,000 to Nanticoke Memorial Hospital in Seaford, Del., based on the language in its medical staff bylaws credentials...
The United States District Court for the Eastern District of Missouri granted SSM Healthcare System's motion for summary judgment in an action brought by a medical doctor challenging a peer review decision to revoke his medical staff membership and clinical privileges at one of...
The Court of Appeals for the First District of Texas conditionally granted a petition for writ of mandamus, which required the trial court to vacate an order to compel a physician to answer deposition questions that addressed information covered by the medical peer review...
The California Court of Appeals, First Appellate District, affirmed a district court's judgment regarding a physician's claim that his peer review hearing violated his due process and his subsequent suspension was not supported by substantial evidence. The court concluded there...
In the past year, a number of legal cases have allowed physicians to challenge long-standing policies and decision-making by hospitals. MSPs and physician leaders need to be educated on the legal issues that arise from their everyday tasks and know how to avoid exposure to...
The Washington State Supreme Court remanded a medical malpractice discovery dispute to the trial court for an in-camera record review relating to the state's peer review and quality improvement statutes. The court analyzed and ruled on three issues: a hospital's records of the...
The Connecticut Supreme Court ruled that a hospital is not precluded from making claims of immunity and reversed a trial court's decision that awarded a physician punitive damages following the suspension of the physician's medical staff privileges.
A Louisiana Court of Appeals affirmed and amended a trial court's decision that an Alexandria, La., hospital failed to comply with its own bylaws in suspending a cardiovascular surgeon and performed its peer review process with malice.
The U.S. District Court for the Middle District of Pennsylvania dismissed a §1983 civil rights claim brought by a U.S. Army physician resulting from an allegedly inappropriate report of a medical malpractice claim to the NPDB.