Legal Questions

Question 1

LEGAL QUESTION – ANTICOMPETITIVE PEER REVIEW

Case led to the development of HCQIA

Answer 1

Patrick v Burget, US Supreme Court 1988

Question 2

Plantiff underwent cosmetic surgery with poor outcomes. Patient learned of other complaints against doctor and hospital therefore sued for negligent credentialing

Answer 2

Garland Community v Rose

Question 3

Hospitals owe patients a duty of care
Laminectomy negligently performed.
MD had history of unnecessary of negligent surgeries

Answer 3

Gonzales vs Nork & Mercy Hospital, 1968

Question 4

Denial of application due to physicians liability to work with others, no
quality of care issues identified

Answer 4

Miller vs Eisenhower Medical Center

Question 5

LEGAL – PERSONALITY MAY BE CONSIDERED

MD denied privileges after reports from other hospitals on
termination/restriction of privileges

Answer 5

Rao vs Auburn General, 1978

Question 6

LEGAL – DOCTRINE OF OSTENSIBLE AGENCY

HMO Found liable in patients death. Chest perforation during biopsy, chest pain/MI six weeks later

Answer 6

Boyd vs Albert Einstein Hospital, 1988

Question 7

LEGAL QUESTION – NEGLIGENT CREDENTIALING

Hospital liable for failure to request data from another hospital regarding it’s summary suspension of practitioner

Answer 7

Bell v Sharp Cabrillo Sospital, California, 1989

Question 8

LEGAL QUESTION – FAILURE TO DISCLOSE

Ophthalmologist did not disclose all prior hospital affiliations on application

Answer 8

Oskooi vs Fountain Valley Regional Health Center–California 1996

Question 9

LEGAL QUESTION – HCQIA

Burden on physician to prove bad faith peer review

Answer 9

Matthews vs Lancaster General Hospital – Tennessee, 1996

Question 10

LEGAL QUESTION – DUTY TO CREDENTIAL

Application denied when physician refused to authorize prior hospital to release information

Answer 10

Webman vs Little Company of Mary Hospital – California, 1995

Question 11

LEGAL QUESTION – DISRUPTIVE BEHAVIOR

Hospital revoked physicians privileges

Answer 11

Mahmoodian vs United Hospital Center – West Virginia, 1991

Question 12

LEGAL QUESTION –

Managed care organization found liable for providers actions due to negligent credentialing

Answer 12

McClellan vs health maintenance Organization of Pennsylvania, 1996

Question 13

LEGAL QUESTION - GOVERNING BODY IS ULTIMATE AUTHORITY
Board overturned hearing committee recommendation to reinstate call
panel membership

Answer 13

Hongsathavig vs Queen of angels Hollywood Presbyterian – California, 1998

Question 14

LEGAL QUESTION –
The managed care organization in this case was not held liable for negligent credentialing because state law granted immunity to not-for-profit health plans

Answer 14

Harrell vs Total Health Care - 1989

Question 15

LEGAL QUESTION – ANTI-TRUST
MD brought anti-trust suit against the hospital after his application was
denied

Answer 15

Robinson vs Magovern - 1981

Question 16

LEGAL QUESTION
End of the Doctrine of Charitable Immunity
Patient lost leg due to improper casting

Answer 16

Darling vs Charleston Memorial Community Hospital – 1965

Question 17

LEGAL QUESTION
Doctrine of Corporate Negligence
Medical Records had information on many lawsuits against podiatrist

Answer 17

Elam vs College Park Hospital, 1982