What’s New in Health Law
New Cases
TEMPORARY PRIVILEGES RESULTS IN YEARS OF LITIGATION
In 2012, a hospital that had granted an applicant for medical staff appointment temporary privileges rescinded those privileges after receiving “red flags” during the credentialing process. The hospital eventually upheld the decision to rescind the physician’s temporary privileges and filed a data bank report. The physician then sued the hospital for defamation (and other claims) in federal court. This past week, the district court’s decision granting the hospital summary judgment was upheld on appeal with the Ninth Circuit Court of Appeals ruling that the data bank report was a privileged communication under state law.
Elkharwily v. Franciscan Health System
To read more about this case and more, visit our What’s New page
Question of the Week
A registrant at our April Complete Course for Medical Staff Leaders in New Orleans submitted a question about waiver of threshold eligibility criteria for an applicant (a general practitioner who did an internship in 1985 but not a residency and so cannot even sit for the boards, who has been doing only outpatient primary care since). The criteria specify that grandfathering is possible for those who finished training before 1985; after 1985, a physician must achieve board certification within three years of appointment. All references are excellent. What can we do?
Seminar Calendar
Our 2019/2020 Seminar Calendar is online. Check it out!
Spotlight on Affiliates
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