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Delaware Supreme Court upholds an award based on fee-shifting provision
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 policy. The court ruled that the fee-shifting provision contained in the credentials policy did not violate public policy, although it provided broader protection than the attorney's fees provision in the Health Care Quality Improvement Act (HCQIA).
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