Medical Staff and Peer Review

Hospital medical staff organizations operate within a unique framework of state and federal laws and regulations, including Medicare conditions of participation, Joint Commission accreditation standards, state peer review privilege and the Health Care Quality Improvement Act. Medical staff bylaws establish internal policies and procedures that are unique to the health care facility environment.

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Members of our Health Care team have the experience and knowledge required to advise hospitals and medical staffs in developing and revising bylaws and policies, managing quality reviews and providing advice in connection with medical staff proceedings at the pre-hearing stage to ensure compliance with bylaws and legal requirements and to seek practical results. When necessary, we represent hospitals and medical staffs in hearings and post-hearing litigation.

Representative projects include the following:

• We represented a hospital and medical staff in connection with the termination of privileges of a long-time medical staff member. Although the physician alleged disability discrimination, we were able to negotiate a favorable settlement before the hearing.
• We represented a hospital in a peer review hearing to contest the restriction of privileges of an anesthesiologist. The hearing panel sustained the recommended sanction.
• We assist hospitals and medical staffs in reviewing and revising medical staff policies and bylaws.
• We successfully represented a hospital in an action brought in Oregon state court by an obstetrician-gynecologist who had been denied staff privileges. We also successfully represented the hospital in a related peer review proceeding.
• We represented a hospital in an action in which a physician, after being denied privileges, alleged antitrust violations. The matter involved application of the Health Care Quality Improvement Act and was settled on terms favorable to our client.

Health Care Team Contacts

• Chris Kitchel
• Barbara L. Nay
• Jason W. Davis