What’s New in Health Law

Disability Discrimination Claim Survives

The United States District Court for the Western District of Washington granted in part and denied in part a health system’s motion for summary judgment in a suit brought by a hospitalist whose application was denied. The hospitalist had bipolar disorder; state law disability discrimination claims were allowed to go forward. While the hospital showed a nondiscriminatory reason, the court said there was some evidence that the disability may have been a factor.  Defamation claims based on a National Practitioner Data Bank report were dismissed.

Elkharwily v. Franciscan Health Sys.

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Question of the Week

 

A department chair instructed our Medical Staff office to provide an application to someone who was formerly on our staff but who has not practiced in a hospital setting for several years.  The application contained no recent peer references. This applicant was persistent, and has now asked for temporary privileges.  What should we do?

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