A federal appeals court has reversed a damages award of $33 million against a hospital and certain physicians arising from a temporary restriction of a cardiologist's cath lab privileges.  The decision of the U.S. Court of Appeals for the Fifth Circuit in Poliner v. Texas Health Systems reaffirms the principle that participants involved in peer review proceedings are immune from damages under the federal Health Care Quality Improvement Act (HCQIA) when certain requirements are satisfied.  The decision also makes clear that an objective standard applies when assessing the reasonableness of the peer reviewer's actions and that the subjective motivations of the peer review participants are irrelevant to the immunity questions.

Click on the PDF link above to view the full article.

Source: Health Law Beat
Leave Drinker Biddle to Learn More