For physicians, nurses, and other practitioners, and for the hospitals and health systems that employ them, patient safety is a top concern. When it comes to medical staff disciplinary matters, all parties must work to achieve a very delicate balance. While hospitals are obligated to shield patients from dangerous or incompetent physicians, they are also compelled to assure that the rights of the physicians on its medical staff are not trampled upon for arbitrary, frivolous, de minimus or retaliatory reasons. Protections built into a hospital’s medical staff bylaws and the Health Care Quality Improvement Act permit physicians the legal right to protect their medical staff privileges and livelihoods when the manner in which they care for their patients has been subjected to a hospital’s unwarranted corrective action.
We leverage our skill, knowledge, and experience to help individuals maintain confidentiality, resolve disputes, and defend against allegations of wrongdoing arising in the context of disciplinary actions, including proceedings aimed at restricting, suspending or terminating practitioner privileges.
Our lawyers have:
- Represented medical practices and facilities in disputes with employee physicians
- Represented physicians in disputes with hospitals regarding credentialing, re-credentialing, and employment agreements
- Represented physicians, physician’s assistants, nurses, podiatrists, and other providers in matters before the State Boards of Medicine, Osteopathy, Nursing, Podiatry, and other medical disciplines
- Prevented the termination of hospital physician staff, with no negative updates or consequences with respect to their National Practitioner Databank records
- Represented providers of medical services in matters before administrative law judges
- Advised clients in more than two-dozen hearings before federal, state, and administrative agencies, including licensing, DEA participation, Medicare, and Medicaid participation