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Peer Review Proceedings

Collora LLP has represented many medical professionals involved in peer review proceedings, helping our clients to avoid negative peer review outcomes or minimize the damage associated with them.

Hospital-based peer reviews are very common and can be deceptively informal. But they can quickly snowball with devastating consequences to a medical professional’s reputation and practice. In some cases, they can even result in disciplinary sanctions by both the hospital and the relevant Board of Registration.

We have lawyers with extensive experience in dealing with hospital counsel and medical staffs to minimize the chance of a negative outcome and the damaging collateral effects of any negative finding. Our lawyers have helped to insure that clients are afforded the full panoply of rights that they are guaranteed by the facility’s by-laws and applicable precedents.

We are pleased to share with you the following executive summary showing the kinds of clients we have represented in peer review proceedings, the legal issues we have handled for them, the forums in which we have appeared, and some of the representative results that we have produced for them. (For information about our other health care advocacy services, see links at the bottom of this page.)

Clients

Collora LLP has represented many clients involved in peer review proceedings, including but not limited to:

  • Doctors
  • Nurses
  • Medical Staff
  • Other Medical Professionals
  • Hearing Panels

Issues

We have successfully dealt with the different issues associated with peer review proceedings, including but not limited to the following:

  • Allegations of Substandard Care
  • Allegations of Disruptive Behavior
  • Requirements of By-laws or Due Process
  • Loss of Privileges at Hospitals or Other Medical Facilities
  • Other Issues Associated with the Peer Review Statute (in MA, MGL, chapter 111, sections 203, et seq.)

Forums

Our lawyers have appeared in many forums associated with peer review hearings and appeals. We can provide you with lawyers who not only understand the relevant legal issues, but are familiar with the rules, procedures and operations of the relevant forums for judgment and appeal, including:

  • Hospital or Medical Facility Hearing Panels
  • Hearing Panels hosted by Blue Cross and Blue Shield, Harvard Pilgrim Healthcare, Tufts Health Plan and other Carriers or Networks
  • Hospital Boards of Trustees (for appeals)
  • Massachusetts Superior Courts
  • Massachusetts Appeals Court
  • Supreme Judicial Court
  • U.S. District Courts
  • U.S. Circuit Courts of Appeal

Results

The following summaries are a representative sampling of results we have produced for our clients in matters arising from peer review proceedings.

  • Successfully represented a radiation oncologist in a peer review proceeding at a major Boston teaching hospital. The physician’s clinical privileges had been revoked based on claims of substandard care by his department chief. Following multiple days of hearing, the physician’s clinical privileges were restored.
  • Successfully represented obstetrician who had been summarily suspended from the medical staff. After a fair hearing, his staff membership was resumed with no restriction on his privileges.
  • Effectively counseled many physicians faced with preliminary peer review investigations, leading to findings of exoneration or conclusion that no report to the Board of Registration or the National Practitioner’s Data Bank was appropriate or necessary.
  • Successfully negotiated physician withdrawals from partnerships or practice groups in sensitive peer review situations, enabling physicians to recoup their investment in a venture and continue patient care without interruption.

For more information about other forms of civil advocacy we provide to clients in the health care sector, click on any of the pertinent links below.

For information about our legal representation of health care clients faced with actual or potential government enforcement actions, click on the link below.