Murphy v. Goss – Jan. 2015 (Summary)

HCQIA

Murphy v. Goss, No. 3:14-cv-01135-SI (D. Or. Jan. 26, 2015)

The United States District Court for the District of Oregon dismissed a cardiac anesthesiologist’s substantive due process claim against several members of a state medical board, holding that the medical board was shielded by immunity pursuant to the Health Care Quality Improvement Act of 1986 (“HCQIA”).

Plaintiff, a cardiac anesthesiologist, was found by the state medical board to have engaged in unprofessional conduct by consuming alcohol while on cardiac call. The state medical board reported the cardiac anesthesiologist to the National Practitioner Data Bank. The cardiac anesthesiologist, while not challenging the validity of the state medical board’s determination, alleged that the board violated his due process rights when it reported to the National Practitioner Data Bank that his conduct adversely affected, or could have adversely affected, the health or welfare of a patient.

The court held that members of the state medical board were protected by HCQIA immunity. The court explained that the defendants were entitled to HCQIA immunity unless they knew the report contained false information. Here, the cardiac anesthesiologist failed to allege that the state medical board members had actual knowledge of any false information contained in the report.