Austin v. McNamara
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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."[1]
This precedent has been widely followed to exclude evidence of bad faith from lawsuits against hospitals for sham peer review.
References
- ↑ 979 F.2d at 734.