The U.S. District Court for the Western District of Louisiana (the Court) held that the Louisiana peer review privilege protected a non-party hospital from a subpoena served on it by an insurance company seeking peer review information about one of its physicians.
Every peer review committee member must be aware of the ethical and legal issues they may face when carrying out their committee responsibilities and activities. In most states, laws protect peer review activities, but the committee and its members must still take precautions to maintain that...
The U.S. District Court for the Western District of North Carolina (the "Court") denied a hospital's assertion that a state law peer review privilege protected its documents related to the death of a patient in response to a request from Disability Rights of North Carolina (DRNC), North...
The North Carolina Court of Appeals (the “Court”), in an unpublished opinion, reversed a county Superior Court order for a hospital to produce peer review information. The Court ruled in a matter related to an orthopedic surgeon’s lawsuit alleging unfair and deceptive trade...
The U.S. District Court for the Northern District of Alabama, Southern Division, denied a motion to compel the University of Alabama Birmingham (UAB) to produce documents created by its institutional review board (IRB) in regard to a clinical research trial performed on...
The United States Court of Appeals for the Eleventh Circuit (the "Court"), in an unpublished opinion, affirmed a district court's grant of summary judgment to a hospital facing claims of racial discrimination from a physician. The Court ruled that the physician failed to...
The Appellate Court of Illinois Second District (the "Court") affirmed a trial court's decision to dismiss a suit brought by a physician against a hospital to force the hospital to produce information related to its credentialing process after the hospital withdrew an offer of employment to...
The California Court of Appeal for the Fourth District (the "Court"), in an unpublished opinion, affirmed a lower court's decision that a neurosurgeon did not satisfy the burden to show that a hospital's failure to place another neurosurgeon on his peer review panel was...
The Colorado Court of Appeals, Division A rejected a hospital's claim that a new statute, which abrogated the hospital's immunity from damages with respect to credentialing decisions, was unconstitutional. The Court held that the statute was meant to apply retroactively and such...
