HCQIA
Zisk v. Quincy Hosp., No. 04-P-985 (Mass.
App. Ct. Sept. 14, 2005)
A surgeon sued the hospital and certain physician members of a peer review
committee after his privileges were suspended pending his completion of a one-year
training program targeted at improving his medical judgment. The surgeon's
practice had been subjected to extensive review by several medical staff peer
review committees following three patient deaths. In accordance with the medical
staff bylaws, the physician had been granted a hearing and an appeal, in neither
of which did he prevail. The Massachusetts Superior Court granted summary judgment
to the hospital and named physicians and the surgeon appealed. The Appeals
Court of Massachusetts affirmed the lower court’s order. It held that
the surgeon failed to rebut the presumption under the Health Care Quality Improvement
Act ("HCQIA") that the hospital acted in furtherance of health care
quality where the record reflected the fact that the peer review committees
had considered patient safety an absolute priority. The court also found that
the surgeon had the opportunity to be heard during the peer review proceedings;
the hospital had complied with all notice and procedural requirements of HCQIA;
and the surgeon failed to rebut the presumption that the hospital’s actions
were taken with the reasonable belief that corrective action was warranted.