Wong v. Sunrise Mountainview Hosp., Inc. (Summary)

HCQIA IMMUNITY

Wong v. Sunrise Mountainview Hosp., Inc., No. 61375 (Nev. July 29, 2014)

fulltextThe Supreme Court of Nevada upheld a district court’s dismissal of an anesthesiologist’s lawsuit against a hospital, reasoning that the Health Care Quality Improvement Act of 1986 (“HCQIA”) rendered the hospital immune to the suit. The anesthesiologist had sued the hospital after a peer review committee revoked his medical staff membership and privileges.

A hospital can qualify for immunity under the HCQIA so long as its actions meet certain conditions. In particular, the physician under review must be afforded adequate notice and an adequate hearing – otherwise, the hospital will not be afforded immunity under the HCQIA. The anesthesiologist argued that the hospital had not met this adequate notice and hearing requirement, and therefore was not immune to his lawsuit.

The Supreme Court of Nevada ruled that the anesthesiologist had waived his right to challenge the notice and hearing requirement, since he had not raised any objections during the hospital’s own peer review hearing. It concluded that the trial court had not abused its discretion in granting HCQIA immunity to the hospital.