Hamdan v. Ind. Univ. Health N. (Summary)

HCQIA IMMUNITY/PEER REVIEW IMMUNITY

Hamdan v. Ind. Univ. Health N., No. 1:13-cv-195-WTL-MJD (S.D. Ind. June 28, 2013)

The United States District Court for the Southern District of Indiana denied a hospital’s motion to dismiss a doctor’s claims asserting violation of a contractual relationship and defamation.  The court held that whether the bylaws created a contractual relationship is a fact question that cannot be determined on a motion to dismiss.  Likewise, the court rejected the defendants’ claims that they were entitled to dismissal based on HCQIA immunity, the Indiana peer review statute immunity or qualified immunity, noting that immunity does not extend under any of those to persons with knowledge of falsity or malice and a lack of good faith, all of which the physician alleged.