Gaskill III v. VHS San Antonio Partners LLC (Summary)

HCQIA – NO CAUSE OF ACTION

Gaskill III v. VHS San Antonio Partners LLC, No. SA-13-CV-665-XR (W.D. Tex. Sept. 6, 2013)

The United States District Court for the Western District of Texas dismissed a physician’s lawsuit against a hospital that arose after the hospital suspended the physician’s privileges based on quality concerns.  The physician sued the hospital in federal court, asserting his lawsuit was based on violations of the federal Health Care Quality Improvement Act (“HCQIA”).  However, the district court found that the HCQIA creates no private cause of action.  As such, the remaining allegations in the physician’s complaint were all state law claims, which were outside the federal district court’s jurisdiction.