OH: neonatologist's privileges revoked: peer review immunity upheld under HCQIA.
COURT'S OPINION: The Court of Appeals of Ohio affirmed the judgment against Dr. Cowett. The court held, inter alia, that Dr. Cowett's claims that the trial court erred were unfounded. The court rejected his contention that the mere evidence of animosity did not mean, ipso facto, that the requirements for peer review immunity were not applicable. The court further held that the trial court did not err when it applied a summary judgment standard. The standard a court uses when ruling on a motion for summary judgment on a claim of immunity under the Health Care Quality Improvement Act (HCQIA) is "somewhat unusual." The HCQIA creates a presumption in favor of immunity, which may be rebutted. The court concluded that Dr. Cowett's unsuccessful efforts to obtain discovery of a letter regarding him was to further his "bad faith" argument, which the court found meritless. Cowett v. TCH Pediatrics Inc., 2006 -Ohio- 5269 (Ohio App. Dist. 7 09 27/2006) N.E.2d--OH
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.
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|Title Annotation:||Medical Law Cases of Note; Richard Cowett; Health Care Quality Improvement Act; Cowett v. TCH Pediatrics Inc., 2006 -Ohio- 5269|
|Author:||Tammelleo, A. David|
|Publication:||Medical Law's Regan Report|
|Date:||Jan 1, 2007|
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