GOOD NEWS!!!!!
A Texas federal court says it's OK to protect patients!
In August 2004, a Texas jury awarded a physician, Dr. Poliner, $366 million in his lawsuit against a hospital and physician leaders, claiming that the "forced abeyance" of his clinical privileges violated the hospital's bylaws, defamed him, tortiously interfered with his business relations and caused him mental anguish and emotional distress. The Federal District Court for the Northern District of Texas upheld the basis for the jury's decision but later reduced the damages to $22 million. The case is on appeal.
The Poliner decision has had a chilling effect on physicians' willingness to participate in peer review matters. Attorneys for physicians who challenge professional review actions now frequently try to couch what was done in terms of what happened in Poliner. We think the Poliner court interpreted the law incorrectly in several ways. Poliner was an aberration, but, unfortunately, that decision has made protecting patients a bit harder.
Now comes Johnson v. Christus Spohn, Civil Action No. C-06-138 (S.D. Tex. Feb. 8, 2008), in which a different federal court in Texas upheld the summary suspension of a physician following the death of a patient he was treating. Johnson represents a far more insightful understanding of the concept of suspensions that are prudent to protect patients. This critically important case should reassure physician leaders that they can take the difficult step of suspending a physician in order to protect patients without worrying about liability. The case should also be understood and cited by lawyers for hospitals and physician leaders.
Join HortySpringer attorneys Barbara Blackmond and Phil Zarone as they discuss the Johnson decision and its potential impact for other hospitals and medical staff leaders. Specifically, Barbara and Phil discuss:
- When can you and should you suspend privileges?
- How do you implement a reasonable "precautionary" suspension or restriction process or offer the physician the option of voluntarily refraining from exercising privileges (in a truly voluntary way that avoids what the court didn't like in the Poliner case)?
- What is a precautionary suspension and how is it different from summary suspension? Does the wording matter?
- What are the steps for conducting a reasonable investigation?
- How can you preserve HCQIA and state peer review immunity?
- What bylaws policy language is essential?
- How do you document progressive steps and build a record to defend the ultimate professional review action if that becomes necessary?
- What are the implications for Data Bank reporting?
- What are the key elements and steps necessary to establish the reasonableness of a suspension?
Audio CD or MP3: $225
