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Peer review

Appellate Court of Illinois: Reputational Harm Insufficient to Defeat Hospitals’ Immunity


Posted on February 27, 2015 in Litigation Analysis

Written by: Drew B. Howk

The Fourth District of the Appellate Court of Illinois reaffirmed that claims by a physician that a hospital’s failure to renew his privileges caused actual and intentional harm to his professional reputation are barred by the Illinois’s Hospital Licensing Act. Only claims alleging an actual or deliberate intention to physically harm the physician or others trump a hospital’s... READ MORE

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The False Claims Act and Quality of Care


Posted on February 13, 2013 in False Claims Act Defense

Written by: David B. Honig

Can the False Claims Act be used by the government or whistleblowers in quality of care cases? The Department of Justice seems to think so, based in significant part on the retention of overpayments amendments to the FCA by FERA and the PPACA. For more please read Retention of Overpayments under FERA and the... READ MORE

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When is a Physician a Hospital’s Employee? – Ask the Jury


Posted on May 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Normally a physician who is not actually “employed” by a hospital is not an employee who would be protected by anti-discrimination laws. But it’s not always that simple. In fact, it can be quite complicated and risky for a hospital if the relationship is not clearly established. If the relationship is not clear then... READ MORE

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False Claims Exposure in Credentialing and Peer Review


Posted on March 27, 2012 in False Claims Act Defense

Written by: David B. Honig

The Federal Government has reinforced its expanded theory of false claim liability for quality matters by settling allegations against a hospital that a physician’s lack of qualifications to perform certain surgical procedures should be considered a false claim, regardless of the patient’s outcome. As part of the settlement, the hospital defendant paid the Government... READ MORE

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