Hospital Peer Review of Physicians: Does Statutory Immunity Increase Risk of Unwarranted Professional Injury?

33 Pages Posted: 3 Jan 2011  

Eleanor D. Kinney

Indiana University Robert H. McKinney School of Law

Date Written: 2009

Abstract

This article addresses the question of whether strong legal immunity of hospital peer review of physicians in HCQIA and state peer review confidentiality statutes is appropriate in the highly competitive and commercial market for physician services in the United States today. Specifically, does immunity pose an unacceptable risk of unwarranted professional injury to physicians? The article examines the more recent, reported legal cases, media reports of disciplinary actions against physicians and professional legal and medical commentary on hospital peer review. The article suggests that there is need to reform the various legal immunities currently in place for hospital peer review of physicians and other procedural reforms of hospital peer review committees are also in order.

Keywords: Hospital Peer Review, Health Care Quality Improvement Act

Suggested Citation

Kinney, Eleanor D., Hospital Peer Review of Physicians: Does Statutory Immunity Increase Risk of Unwarranted Professional Injury? (2009). Michigan State University College of Law Journal of Medicine and Law, Vol. 13, p. 57, 2009. Available at SSRN: https://ssrn.com/abstract=1733970

Eleanor D. Kinney (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States
2741912 (Phone)

HOME PAGE: http://indylaw.indiana.edu/people/profile.cfm?Id=17

Paper statistics

Downloads
109
Rank
201,500
Abstract Views
803