Re: TX doctor wins 2.5M peer review suit

From: D. Ashley Hill (dahmd@cfl.rr.com)
Sat Oct 21 18:39:43 2006


I don't think I understand your comments. I am under the impression that at most hospitals the peer-review committee is a volunteer committee composed of practicing physicians on the medical staff. I would assume almost all of them would be competitors unless they were part of the same group. Probably a better alternative would be to use the local peer-review committee as a screen, then ship off cases that might result in loss of privileges to an off-site peer reviewer. However, this is expensive since it can cost hundreds of dollars an hour for peer review.

I agree with Garry that there is no hope for peer-review if you can make millions by claiming "restraint of trade" every time someone questions your clinical skills (of course, I do not know the details of the case in question).

Ashley

At Sat, 21 Oct 2006, Joe wrote: >
>I am sure their hospital by-laws stated that a competitor could not be
>on the peer review panel. This exact thing hsppened to me. Hospitals
>really don't give a rats ass about your medical staff by-laws. Joe C
>
>Garry E. Siegel, M.D. wrote:
>> If peer review can be successfully sued, this is big trouble.
>>
>> Garry
>>
>> At Sat, 21 Oct 2006, GIN11153@aol.com wrote:
>>
>>>A Texas cardiologist has been awarded $22.5 million in appeal to his his
>>>suit against three rival cardiologists and the Presbyterian Hospital of
>>>Dallas. A previous jury had found in favor of his charges of breach of
>>>contract, defamation, business disparagement, tortious interference with a
>>>contract, and intentional infliction of emotional distress and awarded him a
>>>$366 million judgment, but the judge hearing the appeal reduced the award.
>>>
>>>The dispute dates back to 1998, when a hospital peer-review panel suspended
>>>Dr. Lawrence Poliner's cath lab privileges, citing concerns about his safety
>>>record and technique. In response, Dr. Poliner filed suit against the
>>>hospital and several hospital-affiliated physicians. In his suit, he
>>>contended that the peer-review process was unfair, given that the reviewers
>>>were largely cardiologists competing for his business.
>>>
>>>For more about the suit:
>>>- read this article from TheHeart.org
>>>
>>>Gail Neuman RNC CPHW SNP
>>>student nurse practitioner and student midwife
>>>Perinatal education
>>>Perinatal Nurse Associates
>>>Santa Ana, CA
>>
>> --
>> Garry E. Siegel, M.D.
>> Private Practice
>> Roswell, GA
>>

--
D. Ashley Hill, MD
Associate Director
Department of Obstetrics and Gynecology
Florida Hospital Family Practice Residency
Medical Director, Loch Haven Ob/Gyn Group
Division Director, Dept. of Ob/Gyn, Florida Hospital Orlando
Orlando, Florida




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