Murfin v. St. Mary’s Hosp. — Mar. 2016 (Summary)

HCQIA AND STATE IMMUNITY

Murfin v. St. Mary’s Hosp.
No. 5-14-0136 (Ill. App. Ct. Mar. 8, 2016)

A physician’s staff membership and clinical privileges were revoked by a hospital board following two incidents involving allegedly disruptive conduct.  The trial court enjoined the revocation, finding that the physician had been terminated without a hearing.  The trial court also granted summary judgment in favor of the hospital on the issue of damages, based on federal (HCQIA) and state immunity.  The court of appeals reversed the injunction and upheld the summary judgment in favor of the hospital on the immunity issue, holding that the undisputed facts in the record show that the hospital board’s decision to revoke the plaintiff’s privileges was made in compliance with section 10.4 of the Illinois Hospital Licensing Act and the applicable provisions in the bylaws and credentials manual, and that there was nothing in the record to demonstrate that the hospital engaged in willful and wanton conduct in making or reviewing that decision.