Tip of the week: Prior to a fair hearing, allow the physician in question to object to hearing panel members

Medical staffs can undermine a fair hearing process by denying the physician in question the ability to object to panel nominees, says Annemarie Martin-Boyan, Esq., senior counsel at Temple University Health System in Philadelphia. According to The Greeley Guide to Medical Staff Bylaws, published by HCPro, the hospital CEO typically selects panel members based on the recommendation of the medical staff president. However, some hospitals may empower the MEC chair or medical staff president to choose the hearing panel members, says Martin-Boyan.

Other hospitals mandate that the hospital administration and the medical staff jointly appoint panel members, says Fatema Zanzi, Esq., an attorney at Drinker Biddle & Reath, LLP, in Chicago. Whichever process works at your facility, present physicians with the names of all panel nominees and allow them to object.

Medical staff bylaws should state that if a physician does not object to a panel member at the time the hearing panel is constituted, he or she waives his or her right to object later, says Martin-Boyan. This preventive measure ensures that the physician does not approach the MEC when the hearing is complete to claim that one or more panel members were biased. Martin-Boyan suggests that the CEO, MEC, or medical staff president replace any panel members the physician reasonably objects to. Seeking a replacement for the panel members that the physician objected to will help avoid the appearance of bias down the road. “Anything that might impugn the impartiality of the panel from the get-go is just a mistake,” she says.

This week’s tip is adapted from “Fair hearings 101: How to select hearing panel members to ensure a fair and equitable process, Part I” in the January issue of Credentialing and Peer Review Legal Insider.