Johnson v. SSM Healthcare Sys. (Summary) UPDATED
HCQIA – IMMUNITY GRANTED
Johnson v. SSM Healthcare Sys., No. 4:11CV1235 HEA (E.D. Mo. Jan. 30, 2013) (see Update Below)
The United States District Court for the Eastern District of Missouri granted a hospital’s motion for summary judgment based on HCQIA immunity. A physician brought suit against the hospital after an altercation with a patient’s mother led to the suspension and eventual revocation of his clinical privileges. The hospital granted the physician all of the necessary hearings as required by the hospital bylaws before making the decision to revoke his privileges.
The district court held that the hospital was entitled to summary judgment because it acted within the scope of the HCQIA immunity provision. The court stated that the precautionary suspension of the physician immediately following the confrontation with the mother constituted a professional review action. The court stated the record was clear that the quality of health care was at the forefront throughout the peer review process. The district court also believed that the hospital made an effort to obtain the relevant facts and that the physician received adequate hearing and notice procedures. The hospital took statements from the physician, nurses and the patient’s mother before making any determination at the hearing. The hospital also gave copies of the hearing transcript to the physician, and allowed him to cross-examine witnesses, use exhibits and make opening and closing statements.
**UPDATE**
Johnson v. SSM Healthcare Sys., No. 14-1397 (8th Cir. Nov. 14, 2014)
The U.S. Court of Appeals for the Eighth Circuit affirmed the district court’s determination that the hospital was entitled to immunity under the Health Care Quality Improvement Act. According to the court, the physician did not produce sufficient evidence to suggest that a reasonable jury would find the hospital’s peer review process fell below legal standards.