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Medical Peer Review Defense

 

The 1986 Healthcare Improvement Act set federal standards that became applicable to peer review proceedings of physicians regarding allegations of negligence, ineptitude, or unethical behavior. The purpose of a medical peer review is to gain unbiased, objective information about a healthcare professional's conduct and competency. Unfortunately, peer review board members often act out of self-interest or a lack of understanding of the legal and evidentiary rules that should guide them. Of greatest concern is that: 1) there are no objective standards by which a physician is evaluated, 2) the physician under review is usually being judged by physicians with whom the physician is in competition with, and 3) the final decision regarding a physician's privileges is made by non-medically trained board of trustee members who are motivated by a desire to limit potential future liability. All of these may lead to a finding that a physician has acted improperly when that is not the case. Once this occurs, the physician may ultimately be reported to the National Practitioner Databank, set up under the HealthCare Quality Improvement Act.

 

Once the physician finds him/herself reported to the databank, their reputation may be irretrievably harmed and their only redress may be through a defamation lawsuit. You deserve serious defense representation to protect your future.

 

Peer Review Resources

National Practitioner Data Bank and Heathcare Integrity & Protection Data Bank

The Healthcare Quality Improvement Act and Physician Peer Reviews: Success or Failure?

Healthcare Quality Improvement Act of 1986: What is it? Why was it established? Is it working?

The Center for Peer Review Justice, Inc.

HCQIA

 

If you are a physician, surgeon, or other healthcare professional that has been placed on notice to appear before a peer review board, you need experienced representation on your side. I have represented medical professionals who faced the consequences of an unsatisfactory peer review finding. I have the experience and resources to evaluate your peer review matter and assess the possible damage to your career. I also have the experience necessay to make an intelligent and sophisticated presentation on your behalf before a Fair Hearing Officer, and if necessary, in court. Please call 216.225.9181, Email, or use the contact form to schedule a consultation.