Changes

Jump to navigation Jump to search

Austin v. McNamara (view source)

Revision as of 20:08, September 14, 2007

1,199 bytes added ,  20:08, September 14, 2007
improved
Line 2: Line 2:     
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]].
 +
 +
This precedent was distinguished by ''Clark v. Columbia/HCA Info. Servs.'', 117 Nev. 468, 477-78, 25 P.3d 215, 2001 Nev. LEXIS 46, 117 Nev. Adv. Rep. 42 (2001), as follows:
 +
 +
:The presumption of immunity has been interpreted by the federal courts almost exclusively in favor of finding immunity for peer review board members. [citing ''Austin'' as an example] In fact, in only two cases have federal courts reversed an order of summary judgment based on immunity because the physician demonstrated by a preponderance of the evidence that the board failed to give appropriate fair notice and procedures in accordance with § 11112(a)(3) - ''Islami v. Covenant Medical Center, Inc.'' and LeMasters v. Christ Hospital. In addition, in ''Brown v. Presbyterian Healthcare Services'', the Tenth Circuit upheld a district court's finding that the peer review board lacked immunity because the board only investigated two patient charts before deciding to revoke the physician's privileges, which was not a reasonable effort to obtain facts under § 11112(a)(4). Moreover, in Brown the board reported false findings to the National Practitioner Data Bank pursuant to § 11137(c).
    
== References ==
 
== References ==
Line 7: Line 11:  
<references/>
 
<references/>
 
[[category:law]]
 
[[category:law]]
 +
[[category:Circuit Cases]]
 
[[category:sham peer review]]
 
[[category:sham peer review]]
Aschlafly
Anthony, Irenaeus, Siteadmin, apieditor, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators
126,255

edits

Retrieved from "https://www.conservapedia.com/Special:MobileDiff/293250"

Navigation menu