Ask the expert: Should the medical staff exclude employed physicians from hearings because of their financial relationship with the hospital?

There is no reason that an employed physician cannot serve on a panel unless he or she has a conflict of interest with the affected practitioner, just like any other practitioner. A fair hearing is not an opportunity to pit the hospital against the medical staff; it is a medical staff function in which physicians are evaluating another physician’s performance as outlined in the medical staff bylaws. There need not be any prohibition against any physician, whether independent, contracted, or employed, as long as the other rules regarding economic competition and conflict of interest apply—and they apply to everyone.

This week’s question and answer are excerpted from “Fair hearings 101: Tips for selecting hearing panel members to ensure a fair and equitable process” in the February issue of Credentialing & Peer Review Legal Insider.