Leal v. Sec’y, U.S. Dep’t of Health and Human Servs. (Summary)

NPDB REPORTING

Leal v. Sec’y, U.S. Dep’t of Health and Human Servs., No. 6:08-cv-1062-Orl-22GJK (M.D.Fla. Sept. 15, 2009)

The United States District Court for the Middle District of Florida, Orlando Division, upheld a decision by the Secretary of HHS denying a physician’s request to void an adverse action report that was filed with the National Practitioner Data Bank. The Secretary found that the report was accurate and that the suspension of the physician’s clinical privileges following an incident in which he displayed “violent, threatening, and physically destructive and damaging behavior” was a reportable event. The court ruled that both of those findings were supported by substantial evidence, noting that the physician confirmed that the incidents cited by the hospital for imposing the suspension in fact occurred. The court held that the Secretary was correct in rejecting the physician’s argument that the suspension was not reportable “because his alleged conduct did not pose an imminent danger to the health of any individual, was not the result of a professional review action, and was unrelated to professional competence or conduct that adversely affected the health or welfare of a patient.”