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Hospital Immunity Under Health Care Quality Act.

The Regan Report on Hospital Law

| May 01, 1999 | TAMMELLEO, A. DAVID | COPYRIGHT 1997 Medical Law Publishing. (Hide copyright information)Copyright

HOSPITALS HAVE IMMUNITY UNDER THE HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA). In this extraordinary Pennsylvania case a surgeon sued a hospital for breach of contract arising out of the suspension of his hospital privileges and denial of promotion.

DR. ALAN BRADER, A SURGEON, JOINED ALLEGHENY HOSPITAL'S PROVISIONAL MEDICAL STAFF ON JULY 1, 1988. Under the hospital's Bylaws, a doctor initially serves as a provisional staff member and requests advancement after one year at that level. Dr. Diamond, the director of the Division of General Surgery, was Dr. Brader's direct supervisor. Dr. Magovern was Chairman of the Department of Surgery and Dr. Diamond's supervisor. Soon after his arrival at the …

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