HCQIA Immunity

Parker v. St. Mary's Health Network, No. 41028 (Nev. Sept. 7, 2005)

After initially obtaining a jury verdict in her favor, a physician appealed a trial court's judgment in favor of a hospital peer review committee based upon the Health Care Quality Improvement Act ("HCQIA").The Supreme Court of Nevada held that the physician did not rebut the presumption that the committee acted in furtherance of quality health care because there was evidence that the physician's complication rate was higher than an acceptable standard.

The court acknowledged that some physicians with a conflict of interest participated in the peer review, but found that there was ample evidence to support the quality of care concerns. The court also held that the committee made an adequate effort to gather facts.