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New page: In ''Bundren v. Parriott'', 2007 U.S. App. LEXIS 20258 (10th Cir. Aug. 24, 2007), the U.S. Court of Appeals for the Tenth Circuit affirmed summary judgment in favor of a defendant phy...

In ''Bundren v. Parriott'', 2007 U.S. App. LEXIS 20258 (10th Cir. Aug. 24, 2007), the U.S. Court of Appeals for the [[Tenth Circuit]] affirmed summary judgment in favor of a defendant physician who was accused of defaming another physician by filing a complaint against him with the [[American College of Obstetricians and Gynecologists]] (ACOG).

The defendant physician had filed the complaint with ACOG against the other physician due to his testimony as an expert in a malpractice trial. The trial court had granted [[summary judgment]] by concluding that the defendant physician "is not liable in damages for submitting his ACOG complaint, because the organization's grievance procedure is a 'professional review action' within the meaning of the Act." On appeal, the [[Tenth Circuit]] disagreed with this analysis, noting that qualified immunity under HCQIA did not apply unless and until there was a finding that the ACOG proceeding satisfied the procedural of HCQIA.

The [[Tenth Circuit]] did hold for defendant on other grounds, including a finding of lack of any [[defamatory]] statements in the complaint by the [[defendant]].
[[category:Circuit Cases]]
[[category:Tenth Circuit]]
[[category:Health Law]]

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Revision as of 19:38, September 29, 2007

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