Fox v. Parma Cmty. Gen. Hosp., No. 84428 (Ohio Ct. App. Apr. 7, 2005)

A physician was suspended from a hospital's medical staff. After the physician exercised the hearing and appeal rights set forth in the hospital's medical staff bylaws, the suspension was upheld. The physician filed suit against the hospital under a variety of claims. The Ohio Court of Appeals found that the hospital's professional review action was taken in the reasonable belief that the action was in furtherance of quality health care, after a reasonable effort to obtain the facts of the matter, after adequate notice and hearing procedures were afforded to the physician, and in the reasonable belief that the action was warranted by the facts known. As a result, the court ruled that the hearing process met all of the peer review requirements under the HCQIA and, as a result, the hospital and participating physicians were entitled to statutory immunity.