Physicians who have been reluctant to participate in peer review activities can relax a bit knowing that the Health Care Quality Improvement Act (HCQIA) still stands on solid ground.

In 1998, Presbyterian Hospital of Dallas suspended Dr. Lawrence Poliner’s cardiac catheterization and echocardiography privileges after several physicians questioned his technical competence during peer review activities. Poliner rebutted with a law suit. During the 2003 trial, Poliner convinced the jury that the suspension damaged his career and caused mental anguish. The jury subsequently awarded him $370 million in damages. A trial court later reduced that amount to approximately $33 million.

On July 23, 2008, The U.S. Court of Appeals for the Fifth Circuit overturned the jury and the trial court’s decisions and found in favor of Texas Health System, concluding that the physicians who advocated for Poliner’s suspension are protected under the Health Care Quality Improvement Act. As a result, Poliner will not receive any monetary award for damages.

Read more about the Poliner vs. Texas Health Systems case.

http://www.ca5.uscourts.gov/opinions/pub/06/06-11235-CV0.wpd.pdf