What’s New in Health Law

New Cases

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

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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?

Read the answer>>


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