This is a series describing the ten important pro-immunity peer review cases where court have granted immunity to peer reviewers under the Health Care Quality Improvement Act of 1986, 42 U.S.C. Sec. 11112 (“HCQIA”).
No. 8: Gabaldoni, M.D. v. Washington County Hospital Association et al., 250 F. 3d 255 (4th Cir., 2001)
Dr. Gabaldoni, was an obstetrician/gynecologist practicing in Virginia. and the holder of hospital privileges at Washington County Hospital Association (“WCHA”). In 1995 he applied for a two year extension of his privileges. The WCHA Board of Trustees elected to deny his request for an extension of privileges and to terminate his existing privileges.The grounds given included his alteration of the chart of a patient who died while under his care; multiple grievances regarding clinical judgment and the number of malpractice complaints settled on his behalf.