CDF attorneys author the article "The Legal Interplay Between Peer Review and Disciple of A Physician-Employee," for Healthcare Business Today on October 11, 2020. In this article, CDF attorneys review the intersection between the peer-review process involved when limiting a physician’s medical privileges and imposing discipline for a physician-employee based on employment-related misconduct.
Excerpt: "California is one of the few states that prohibits hospitals from directly employing physicians, with limited exceptions, such as non-profit teaching hospitals. In non-profit teaching hospitals, physicians can be both employed by the hospital in an academic or research capacity and have privileges to care for hospital patients.
In this article, we review the intersection between the peer-review process involved when limiting a physician’s medical privileges and imposing discipline for a physician-employee based on employment-related misconduct.
Whether and when the peer review process has been triggered oftentimes forms the basis of litigation following an action that limits or terminates a physician’s ability to practice medicine in the hospital setting. More and more, however, we are seeing claims where physician-employee points to the lack of a formal peer review process as evidence of pretext or unlawful conduct in response to being terminated as an employee even though the physician maintains privileges to practice with the hospital or acute care facility. This article will look at the case law governing peer review to guide employers as they navigate through the disciplinary process involving physician-employees."
To continue reading the full article, click HERE.
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Dawn Irizarry
Dawn M. Irizarry is a seasoned litigator with over 20 years’ experience defending California businesses in the full spectrum of employment law matters, with extensive experience representing clients in both Southern and…
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