Medical Staff & Peer Review

Sonnenschein attorneys have substantial experience providing guidance to hospitals, ambulatory surgery centers (ASCs) and practitioners on issues relating to medical staff and peer review issues.  Our counseling in this area is multifaceted and includes matters pertaining to hospital bylaws, medical staff membership, licensing and accreditation, risk management, malpractice insurance, peer review activities, immunity and National Practitioner Data Bank reporting, disciplinary activities, antitrust and fraud and abuse.  For example:

• Health Care Practice Group attorneys provide day-to-day counseling to hospitals and ASCs, and their medical staff officers and committees, in carrying out their duties and responsibilities under their medical staff bylaws, particularly during the appointment, reappointment, corrective action, and hearing and review processes.  Sonnenschein attorneys help clients ensure that such processes qualify for state peer review privilege and that the entity and its staff qualify for Federal and State peer review immunity. 
• Firm attorneys advise hospitals with respect to malpractice insurance subsidy and related issues; peer review activities; the National Practitioner Data Bank; disciplinary activities; and a wide range of related hospital staff membership issues.  
• Sonnenschein works closely with its hospital clients in managing risk associated with extraordinary events, such as the suspension of a member of the hospital's medical staff.
• The Firm works with hospital clients in revising their medical staff bylaws in a manner that allows them to meet economic challenges posed by the increased use of ASCs, specialty hospitals, and other competing providers.