Nahas v. Shore Med. Ctr. — Mar. 2016 (Summary)

HCQIA

Nahas v. Shore Med. Ctr.
Civil No. 13-6537 (RBK/AMD) (D.N.J. Mar. 15, 2016)

The United States District Court for the District of New Jersey denied a hospital’s motion to dismiss, finding that it had subject matter jurisdiction and that a physician sufficiently pleaded that the hospital acted out of malice rather than in the furtherance of health care sufficient to overcome the hospital’s presumptive immunity under HCQIA.  However, the court allowed the hospital to file a motion for summary judgment on the HCQIA issue based on an extensive record of disputes with the physician for over 10 years.  The court also allowed the physician to file an amended complaint alleging violation of New Jersey’s anti-discrimination statute.