Court Refuses to Overturn Award to Doctor, Finds No HCQIA Immunity for Iowa Hospital
A recent case emphasizes again the need to carefully follow your bylaws when taking action against a physician's privileges.
A federal trial court ruled March 14 in Estate of Blume v. Marian Health Center, N.D. Iowa, No. 5:03-cv-04117, 3/14/07, that the hospital cannot claim immunity under the Heath Care Quality Improvement Act in a lawsuit brought on behalf of a physician whose privileges were terminated,.
The court found that Dr. Blume was entitled to summary judgment on his breach-of-contract claims where the bylaws contained a fair hearing plan that the hospital did not follow in suspending him. "Mercy never gave Dr. Blume a hearing he was entitled under the Fair Hearing Plan.
The court was persuaded that there was no reasonable fact finding done by the hospital, especially given that Blume "never had the opportunity to appear at a hearing to examine and cross examine witnesses and present evidence in response to the reports.
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