HCQIA
Johnson v. Christus Spohn, Civil Action No. C-06-138 (S.D. Tex. Feb. 8, 2008)

The United States District Court for the Southern District of Texas granted summary judgment to a health system, hospital and various members of its Medical Executive Committee (collectively, "hospital") in a suit brought against them by a physician. The physician alleged numerous causes of action stemming from the suspension, and ultimate termination of, his privileges following the death of a patient who was in his care.

The court held that the hospital conducted its peer review process under the legal standards set forth in the Health Care Quality Improvement Act ("HCQIA") and its Texas counterpart, the Texas Health Care Quality Improvement Act ("THCQIA") and, therefore, was immune from all claims brought by the physician except for his race discrimination claim. In reaching this holding, the court held that the hospital acted under a reasonable belief that its actions furthered quality health care because there existed legitimate concerns about the standard of care that the physician provided to the patient who died. It further concluded that the hospital made reasonable efforts to obtain the relevant facts and acted upon a reasonable belief that their actions were warranted, noting that the peer review process for the physician "took almost two years to complete and allowed fact finding and review through four separate committees." Additionally, the court found that the physician was given adequate notice and hearing.

Perhaps even more importantly, the court held that the physician was not entitled to notice and a hearing regarding his summary suspension because it was for no longer than 14 days. The court went on to observe, however, that even if the suspension had lasted for more than 14 days, no notice or hearing would have been required because the medical staff leadership had a reasonable belief that the physician's suspension was necessary to prevent an imminent danger to the health of patients.