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Callan G. Stein, a partner in the Health Sciences Department and the White Collar Litigation and Investigations Practice Group of Pepper Hamilton, was quoted in the February 1, 2020 Healthcare Risk Management article, "Peer Review Can Lead to Liability Risks; Preventive Steps Needed."
Usually, the credentialing process at most facilities usually is robust and well-designed, but problems can occur when a facility must discipline a physician or revoke privileges, says Callan G. Stein, JD, partner with Pepper Hamilton in Boston. Medical staff bylaws will detail a process for these reviews, but even when the review is conducted to the highest standards the targeted physician still may respond poorly. That type of proceeding represents the biggest liability risk related to peer review, Stein says.
"When physicians have their privileges terminated, it is a very significant event in their careers. They have the means, the fortitude, and the motivation to pursue legal action against the facility," Stein explains. "It often leads to some knock-down, drag-out litigation that airs the facility’s business in open court. Not only does the hospital face damages, which given what many physicians make could be extremely high, but they also face some potential damage in the court of public opinion as well."