Fischer v. Nyack Hosp. — June 2016 (Summary)

Peer Review Actions

Fischer v. Nyack Hosp.
No. 521817, 521668 (N.Y. App. Div. June 2, 2016)

The Supreme Court of New York, Appellate Division, granted summary judgment to a hospital in a lawsuit brought by a surgeon asserting the hospital terminated her privileges improperly and violated the Medical Staff Bylaws.

The appellate court corrected some procedural mistakes made by the lower court and then considered the physician’s claim for injunctive relief (seeking reinstatement of her privileges at the hospital).

The court noted that, under the state statute that gives physicians access to judicial review of privileging actions, the court’s review was limited to whether the grounds set forth by the hospital were reasonably related to institutional concerns, whether they were based on the apparent facts perceived by the hospital, and whether they were assigned in good faith.  The court found all of these requirements met in this case.

It noted that the physician received a fair hearing, at which she was represented by counsel, conducted cross-examination, and presented evidence in support of her position.

Further, the grounds for termination of privileges were “reasonably related to institutional concerns and amply supported by proof.”  Specifically, the termination of privileges was recommended due to the following findings:  “a pattern of inaccessibility to staff when on call, she repeatedly did not respond promptly to the emergency department when on call, she failed to obtain coverage when unavailable because of illness, she left the operating room and could not be located while her patients were in surgery and she failed to properly disclose her suspension at the other hospital as required by [the hospital’s] bylaws.”