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Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

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Copyright © American Society of Law, Medicine and Ethics 2004

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References

References

Sadler v. Dimensions Healthcare Corp., 836 A. 2d 655, 658 (Md. 2003).Google Scholar
Judge Raker’s decision held that the court may dismiss a physician’s breach of contract and tort claims arising out of a private hospital’s credentialing decision in a motion for summary judgment only upon a showing that there is no genuine dispute as to any material fact and that the hospital is entitled to judgment as a matter of law. Id; cf. Lester, B., “Physician Privileges: Judicial Treatment of the Discharged Physician,” Notre Dame Law Review 76, no. 5 (2001): 14981500 (discussing the emergence of judicial oversight of private hospitals from a standard of non-review to a standard of limited review after state legislatures required hospitals to adopt bylaws).Google Scholar
The Board of Directors at Prince George’s Health Center automatically places all physicians on a provisional status for two years but can extend a physician’s provisional status upon recommendation by the credentials committee of the hospital. See Sadler v. Dimensions Healthcare Corp., 787 A.2d 807, 809 n.4 (Md. Ct. Spec. App. 2001).Google Scholar
Courts are split over how to review hospital credentialing decisions. Some courts only look to the process of the decision for fairness, while others review the decision under an abuse of discretion, substantial evidence, or arbitrary and capricious standard. Sadler, 836 A.2d at 664 (citing Dalton, C. W., “Understanding Judicial Review of Hospital’s Physician Credentialing and Peer Review Decisions,” Temple Law Review 73, (2000): 676677).Google Scholar
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HCQLA provides immunity for hospitals that comply with the requirements of the National Practitioner Data Bank by reporting incompetent physicians. Dalton, , supra note 4, at 614–15.Google Scholar
The applicable Maryland statute is the Peer Review Immunity Statute. See Md. Code Ann., Cts. & Jud. Proc. § 5–638 (1974 & 2003 Supp.). Judge Raker noted that federal and state immunity statutes would not apply in this case because the trial court’s grant of summary judgment was not based on immunity. Sadler, 836 A. 2d at 672 n.10 (noting that respondents did not argue immunity at the trial court, but could if the action were reinstated on remand).Google Scholar
Judge Raker noted that breach of contract and tort claims lie within the state and federal immunity statutes. Sadler, 836 A.2d at 672.Google Scholar
Judge Raker stated that this was mere “guidance” for the lower court, but noted that the language of the bylaws at issue did not conclusively establish a binding agreement not to pursue court action. Id., at 670 n.12.Google Scholar
See Bralove, , supra note 16 (noting the view that doctors have been given an extra layer of protection).Google Scholar
See Dalton, supra note 4, at 612–26.Google Scholar
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See Bralove, , supra note 16.Google Scholar

References

Raich v. Ashcroft, 352 F.3d 1222 (9th Cir. 2003).Google Scholar
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References

Frew v. Hawkins, 124 S. Ct. 899 (2004).Google Scholar
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References

Raytheon Co. v. Hernandez, 124 S.Ct. 513, 516 (2003).Google Scholar
Id. at 517. The ADA defines “disability” as: “(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.” 42 U.S.C. § 12102(2) (2000).Google Scholar
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