[Source: Health Lawyers Weekly, Vol. VII, Issue 16 (April 24, 2009) - AHLA]
A physician could not maintain a breach of contract action against a hospital that revoked his privileges citing repeated concerns about unprofessional behavior that could harm patients, a federal trial court in Tennessee ruled.
The U.S. District Court for the Western District of Tennessee found the hospital was entitled to immunity under the Health Care Quality Immunity Act (HCQIA) for suspending and eventually revoking the physician’s privileges.
. . . .
In so holding, the court reviewed the standards for HCQIA immunity—i.e., that the professional review action was (1) taken in the reasonable belief that the action was in furtherance of quality healthcare; (2) after a reasonable effort to obtain the facts of the matter, (3) after adequate notice and hearing procedures, and (4) in the reasonable belief that the action was warranted by the facts—and held plaintiff could not rebut the presumption of immunity. See 42 U.S.C. § 11112(a).
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Abu-Hatab v. Blunt Mem’l Hosp., Inc., No. 3:06-CV-436 (E.D. Tenn. Apr. 2, 2009)
