Changes

In '''''Austin v. McNamara''''', 979 F.2d 728 (9th Cir. 1992), the Court of Appeals for the [[Ninth Circuit]] interpreted [[HCQIA]] to bestow immunity on a hospital regardless of its "animosity," "hostility," or "bad faith" in revoking a physician's privileges at the hospital.  The Court held that "the test [for immunity under §11112(a)] is an objective one."<ref>979 F.2d at 734.</ref>

In '''''Austin v. McNamara''''', 979 F.2d 728 (9th Cir. 1992), the Court of Appeals for the [[Ninth Circuit]] interpreted [[HCQIA]] to bestow immunity on a hospital regardless of its "animosity," "hostility," or "bad faith" in revoking a physician's privileges at the hospital.  The Court held that "the test [for immunity under §11112(a)] is an objective one."<ref>979 F.2d at 734.</ref> The appellate court affirmed a grant of summary judgment to the defendant hospital and doctors affiliated with it.

This precedent has been widely followed to exclude evidence of bad faith from lawsuits against hospitals for [[sham peer review]].

This precedent has been widely followed to exclude evidence of bad faith from lawsuits against hospitals for [[sham peer review]].