QUESTION:
A few weeks ago, an OB resigned from our medical staff to take an opportunity out of state.  Well, one of the OB’s cases was flagged this week by a peer review specialist who sent me an email asking whether we should continue with our standard peer review process.  Do you have any guidance?

OUR ANSWER FROM HORTYSPRINGER ATTORNEY JOHN WIECZOREK:
This situation is rather common, but always a little tricky.  Because the OB is no longer a member of your medical staff, we would advise that peer review of that OB’s medical services provided at your hospital should be discontinued.  The purpose of peer reviewing a specific physician is to ensure and improve quality; this purpose can no longer be effectuated if the OB has left the medical staff.  Among other things, many of the tools that could be used to improve care would no longer be available (such as asking the OB questions about the case, having the OB complete additional training, or monitoring a few of the OB’s cases at the hospital).

Also, depending on state law, a malpractice attorney may argue that the peer review privilege no longer applies to reviews conducted after the OB has left the medical staff.  Finally, if the OB turns around and sues the hospital for whatever reason, continuing peer review of the OB after their departure may give an eager plaintiff’s attorney something to leech onto (e.g., allegations that the purpose of the review is to harm the physician).

This does not mean the case should completely evaporate and if any system-issues were identified outside of the care being provided by the OB, then those system-issues are still prevalent and should be addressed.  We would just advise that any issues related to the OB’s practice at the hospital be put aside.