Weitz Morgan recently successfully resolved a bad faith peer review case for a physician client against a large national healthcare system.
The case centered around the physician’s hospital privileges being suspended after an internal review of a number of cases based on allegations of wrongdoing and negligence. Contending the revocation of privileges was improper because the reviewer was believed not to be a medical doctor, the physician sued the hospital for money damages under a bad faith peer review claim.
Of significance, the firm was able to recover for the client without gaining access to the review file. While normally protected as confidential, the peer review file, the contents of which are critical to prosecuting these types of claims, can be accessed under a waiver argument if the defendant relies on it. In this case, however, the firm was able to successfully resolve the claim without having to make the waiver argument or review the contents of the file. #mdjd
Weitz Morgan represents physicians and other providers in healthcare litigation throughout Texas. For more information on this division of our litigation practice, please visit www.weitzmorgan.com/healthcare.