McLeay v. Bergan Mercy Health Sys. Corp. (Summary Only)

HCQIA

McLeay v. Bergan Mercy Health Sys. Corp., No. S-04-117 (Neb. May 19, 2006)

A surgeon sued a hospital for damages and reinstatement of privileges after the hospital’s peer review board suspended his privileges. The trial court granted the hospital’s motion for summary judgment based on HCQIA immunity. On appeal, the surgeon contended his suspension came without warning, that he was denied a hearing, and that expert testimony of physicians who appeared on his behalf showed the peer review board acted unreasonably. The Nebraska Supreme Court ruled that the hospital adequately notified the surgeon of its intention to monitor his actions and properly scheduled a hearing to address quality of care concerns, which the surgeon failed to attend. Moreover, the court held that expert testimony of physicians asserting the surgeon acted with the requisite standard of care did not by itself rebut HCQIA’s presumption of reasonableness in peer review actions. As such, the hospital was entitled to HCQIA immunity for the damages claim. However, since HCQIA only applies to damages suits and not to actions for equitable relief, the court remanded the surgeon’s claim for reinstatement of privileges to the trial court.