[Source: Health Lawyers Weekly, May 30, 2008 (Vol. 6, Iss. 21) - AHLA]
A federal district court ruled May 19 that it lacked subject matter jurisdiction over a physician’s breach of contract and related claims against a hospital that suspended his medical staff privileges following a peer review audit of patient records.
In granting the plaintiff-physician’s motion to remand the case back to state court, the U.S. District Court for the Eastern District of Tennessee concluded the hospital’s potential defense that its actions complied with the federal Health Care Quality Improvement Act (HCQIA), 42 U.S.C. §§11101 et seq., did not confer federal question jurisdiction over the case.
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MacManus v. Chattanooga-Hamilton County Hosp. Auth., No. 1:08-cv-96 (E.D. Tenn. May 19, 2008).
