Babchuk v. Ind. Univ. Health — Jan. 2016 (Summary)

DATA BANK REPORT

Babchuk v. Ind. Univ. Health
No. 15-1816 (7^th Cir. Jan. 11, 2016)

The clinical privileges of a radiologist who was the sole employee of a professional corporation that held an exclusive radiology agreement at a hospital that was affiliated with Indiana University were summarily suspended by a hospital peer review committee on the grounds that the radiologist delayed for eight days dictating a report on a woman who was in her 30^th week of pregnancy and who presented to the hospital’s emergency department. The woman was transferred to another hospital where she gave birth prematurely. While the physician disputed the allegations, during the eight-day delay, the hospital alleged that the physician attempted to make the ultrasound results “go away” by instructing hospital staff to delete the records of the results of the ultrasound. The summary suspension of the physician’s clinical privileges was made permanent by the MEC and his corporation’s exclusive agreement with the hospital was terminated.

The physician sued the hospital alleging that due to the hospital’s relationship with the state university, the hospital had violated the physician’s due process rights protected by 42 U.S.C. §1983. The physician also alleged that the hospital’s report to the National Practitioner Data Bank deprived him of due process.

The 7^th Circuit Court of Appeals affirmed the decision of the district court that granted summary judgment to the hospital. The circuit court ruled that the report to the Data Bank was appropriate. The court also held that since the hospital was not a state actor, 42 U.S.C. §1983 did not apply.