Granger v. Christus Health Cent. La. (Summary)

HCQIA IMMUNITY DENIED

Granger v. Christus Health Cent. La., No. 2012-C-1892 (La. June 28, 2013)

The Supreme Court of Louisiana affirmed in part and reversed in part a lower court’s award in favor of a surgeon.  Peer review proceedings arose from the care of a heart patient.  The hospital was not entitled to HCQIA immunity or state law immunity, but the surgeon was not entitled to damages based on lost income. The court rejected the hospital’s argument that the peer review action was distinguishable from the peer review activity described in HCQIA. The peer review activities that eventually led to the revocation of the surgeon’s privileges required notice and hearing; the hospital’s failure to provide adequate notice and hearing following a summary suspension meant that they were not entitled to HCQIA immunity.

The court also held that the hospital breached its contractual obligations to the surgeon by failing to provide a post-suspension hearing. This breach of contract merited an award of general damages. Damages for lost income were vacated because the surgeon failed to submit an application for reappointment. The court saw this as the reason for his permanent loss of privileges and refused to uphold the award for the lost income damages.