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Does "Sham" Peer Review Really Happen?
Audio CD
Recorded December 18, 2006

Faculty: Barbara Blackmond & Susan Lapenta

The vast majority of physician leaders bend over backwards to be fair to their colleagues. But, recent court cases have taught us that immunity for peer review actions is not automatic. Appearances really do matter and immunity can be lost! Leaders can learn invaluable lessons from the handful of cases where immunity under the Health Care Quality Improvement Act was denied.

Join Barbara Blackmond and Susan Lapenta, partners of Horty, Springer & Mattern, as they discuss how you can structure your ongoing and focused peer review process to avoid claims of "sham" peer review and comply with JCAHO 2007 Standards. They address:

  • Tips for leaders on the wide range of progressive steps that are available, starting with collegial intervention and leading up to performance improvement plans and conditional reappointment, and documenting them
  • How to help new leaders build their skills at difficult leadership tasks such as intervening with colleagues  —  it's the hardest work there is, but the rewards are worth it!
  • How best to build the legal record you'll need if the physician chooses to fight rather than cooperate
  • Preparing for likely arguments and anticipating  "whistle-blowing"  claims
  • How to avoid common pitfalls such as acting hastily on too little data without talking to the physician, imposing a suspension when there might have been a less restrictive way to protect patients, and failing to set clear expectations for the physician before making an adverse recommendation
  • How to identify problem physicians on the front end and helpful language to include in your bylaws
  • Building  "transparency" into your process so physicians will feel they're treated fairly and confidentiality is maintained
  • Including bylaws language which supports your organization's objective to use collegial and progressive,  informal steps as part of the peer review process
  • Using a "bright line" to define "investigations" so reporting obligations are clear and options for voluntary improvement remain viable
  • Using "precautionary" suspension and temporary agreements not to practice as an interim step to protect patients 
  • Establishing a Leadership Council to "triage" issues 



Audio CD: $225

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