This is a series describing the top ten “no immunity” sham peer review cases where defendants’ motions for summary judgment based upon the immunity provided under the Health Care Quality Improvement Act of 1986, 42 U.S.C. Sec. 11112 (“HCQIA”) were denied in state or federal courts.
Number 9: Hussein, M.D. v. Duncan Regional Hospital, Inc. d/b/a Duncan Regional Hospital, et. al.
Duncan Regional Hospital, Inc. granted Dr. Hussein, a radiologist, locum tenens privileges for a two-week period in April of 2004. He provided radiological services, reading radiographic films. Shortly after beginning, he abruptly left the hospital, asserting that the hospital was requesting that he read too many films a day, which put patient safety at high risk. Following meetings of the hospital credentials committee, the Medical Executive Committee and the the hospital board of directors, the hospital terminated his privileges and reported him to the National Practitioner Data Bank. It was undisputed that the hospital provided no notice or opportunity for Dr. Hussein to be heard prior to the report. He filed suit for interference, defamation, intentional infliction of emotional distress and gross negligence.
The court held that the hospital’s failure to provide any form of notice or opportunity to be heard barred the application of immunity for the hospital under HCQIA.
As it is undisputed that Dr. Hussein was not given any notice or opportunity to be heard prior to the hospital’s report to the NPDB, the court concludes that defendants are not entitled to immunity under . . . HCQIA. . . . To the extent that plaintiff’s motion for summary judgment requests such a determination, the motion will be granted.
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