Healthcare Law Briefs
May 23, 2005
1. Does HCQIA Immunity Protect
Physicians Who Complain About Malpractice Testimony?
Following a malpractice case, the defendant physicians
filed a complaint with the Florida Medical Association regarding the
conduct of the physician who served as the plaintiff’s expert. The
trial court dismissed the defamation complaint on the basis that HCQIA
immunizes peer review conduct. On appeal, the original medical expert
is arguing that HCQIA does not protect conduct of this nature. Stayed
tuned!
2. Where Do Interpreters Stand Now?
The DHHS had issued guidance entitled “Guidance to
Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English
Proficient Persons.” Several individual physicians and professional
associations sought to enjoin the Guidance, but a federal district court
ruled that the Guidance had not cause sufficient damage or injury nor
threatened future damage or injury sufficient to make the case ripe for
decision. The mere fact that the Guidance Document is not aligned with
the organizations advocacy an litigation goals does not constitute a
concrete and particularized injury or create a Article III case here.
To view the guidance on the DHHS Web site, click
here.
Colwell v. HHS, S.D. Cal. No. 04CV1748, 3/7/05.
<Top
>For more information about the
topics presented in this newsletter please contact one of the
Healthcare
Attorneys:
Read
the March issue of our HEALTHCARE NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
<Back |
