HOSPITAL PEER REVIEW OF PHYSICIANS: DOES STATUTORY IMMUNITY INCREASE RISK OF UNWARRANTED PROFESSIONAL INJURY?

Eleaonr D. Kinney, Indiana University School of Law -- Indianapolis

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 procedures. 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.