Seventh Circuit recently issued a decision highlighting importance of conducting objectively reasonable or good faith peer review action in situations involving termination of physician’s clinical privileges and protections provided under Health Care Quality and Improvement Act HCQIA.
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The Limits of HCQIA Immunity: Disclosure of Information Outside of Professional Review Bodies and Falsity of Information Tuesday, August 3, 2021
The United States District Court for the Western District of Washington’s decision interpreting the Health Care Quality Improvement Act, 42 U.S.C. § 11101,
et seq.
, (“HCQIA”), highlights specific requirements for immunity from damages under HCQIA, specifically limiting dissemination of peer review information to professional review bodies and avoiding information that is false and known to be false.[1]
Hospital Removes Physician as Chair of Neurosurgery After Receipt of Numerous Complaints
Defendant, Dr. Charles Cobbs, originally sent a letter on November 4, 2016, to the Swedish Medical Center (“Hospital”) Chief Executive Officer (“CEO”) and two other Hospital administrators regarding Dr. Johnny Delashaw, Jr., a neurosurgeon and the Chair of Neurosurgery and Spine at the Swedish Neuroscience Institute (“SNI”).[2] The November 2016 letter outlined several concerns allegedly raised by physicians, nurses, and staff about Dr. Delashaw that fell into the following categories: (i) a pattern of intimidation, harassment, and retaliation; (ii) discouraging the reporting of errors; (iii) discouraging staff from asking questions; (iv) contributing to the loss of experienced personnel; (v) jeopardizing patient safety with disruptive behavior; and (vi) interfering with other physicians’ referrals and practices.[3]