Rochling v. Dep’t of Veterans Affairs (Summary)

HCQIA

Rochling v. Dep’t of Veterans Affairs, No. 12-2828 (8th Cir. Aug. 8, 2013)

The Eighth Circuit U.S. Court of Appeals affirmed a lower court’s grant of summary judgment in favor of a VA hospital, holding that the hospital did not err in reporting a physician to the National Practitioner Data Bank after settling a medical malpractice suit. The hospital determined that its settlement was also “for the benefit of” the physician, which does require a Data Bank report.  The court stated that the report, which simply indicated that a payment was made on behalf of the physician, was neither a rebuke or reprimand of the physician nor a formal disciplinary step that would have required notice and hearing.   The physician failed to demonstrate how this report was a deprivation of a constitutionally protected interest and the court dismissed the due process claim. The circuit court also granted summary judgment on the physician’s claim that the hospital engaged in inadequate fact-finding procedures.