What’s New in Health Law
Exception in New York Peer Review Statute Applies to Any Defendant
The Supreme Court of New York granted a patient’s motion to discover comments made by the attending physician at a case review meeting. The midwife, who was present at the meeting, refused to answer questions about comments the physician had made. The court concluded that the exception in the peer review statute which allowed discovery of “statements made by any person in attendance at such a meeting who is a party to an action” meant that the midwife could be required to testify about statements made by the physician.
Johnston v. Hillis
To read more about this case and more, visit our What’s New page
Question of the Week
We have a group practice that is affiliated with our health system. The group practice employs physicians and advanced practice clinicians. Two months ago, one of the employed physicians was given notice that the group was not going to renew his contract and his employment would expire in 90 days. The contract provides that when his employment expires, his appointment and privileges at all health system hospitals expires too.
Last night, the Medical Executive Committee at one of our system hospitals started an investigation into complaints about this physician’s behavior. If the investigation is not completed by the time his contract expires are we required to report this to the National Practitioner Data Bank as a resignation while under an investigation?
Our 2019/2020 Seminar Calendar is online.
Check it out!
Spotlight on our Affiliates:
Need to review a contract or a non-disclosure agreement in a hurry? Let LegalSifter and HortySpringer help you do it!
It’s as easy as uploading draft contracts for review. Sifters (software trained to read text that learns over time) review the contract and identify important legal and business concepts that demand attention — or are missing entirely. The Sifters trigger Help Text, in-context analysis and recommended language from HortySpringer tailored to your specific needs — ALL IN A MINUTE OR TWO.
LegalSifter is configured to review HIPAA business associate agreements, service contracts, non-disclosure agreements, software agreements, and many others. LegalSifter helps our clients review, analyze, and negotiate contracts quickly and confidently.
Contact Dan Mulholland at DMulholland@hortyspringer.com to learn more.
Awarded Best Law Firm 2019
Since 1971, Horty, Springer & Mattern has been enabling our clients’ success in the health care industry through legal services, on-site education and national seminars. Whether you’re training and empowering physician leaders, dealing with Medical Staff issues, negotiating physician contracts, or are in need of leadership and training development, we can help. At Horty, Springer & Mattern, we utilize the law to enable our clients’ success resulting in a powerful, positive, and lasting impact.