Sample bylaws language on indemnification for physicians
There is good protection for physicians who engage in peer review activities, such as legal immunity from damages under the Health Care Quality Improvement Act of 1986, which is often reinforced by similar state statutes. However, these statutes cannot keep lawsuits from being filed. Therefore, most hospitals explicitly agree to indemnify medical staff members for performing peer review work on behalf of the institution. This indemnification covers the legal expenses of the proctor should he or she be named in a lawsuit, and it typically covers any judgment against the proctor as long as he or she conducted his or her peer review duties appropriately.
It is common to find the hospital’s commitment to indemnify medical staff members for their legitimate medical staff work in the medical staff bylaws. This week’s free resource is sample bylaws language on indemnification for physicians engaged in peer review. To download the sample language, click here.