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Denying privileges for off-color remarks

Compliance Monitor, March 17, 2006

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Q: I am a hospital administrator and serve on my hospital's credentialing committee. A physician at our facility who has temporary privileges made unprofessional and off-color remarks to patients and staff, which led our committee to question his professionalism and delivery of quality patient care. We fear that this physician may be sued at some point for his behavior. Can the credentials committee deny this physician full privileges based on his questionable behavior?

A: Your concern regarding this physician's behavior is well placed. With respect to a denial of privileges, courts may look at a hospital's bylaws and procedures. In a recent Kentucky case, a physician brought a lawsuit against a hospital for denying him privileges, but the court dismissed the case because the denial of privileges was consistent with the medical staff bylaws requiring that physicians "use a generally recognized professional level of quality." The court recognized that the hospital followed its medical staff bylaws, and provided the physician with hearings and an opportunity to appeal the decision to deny him staff privileges. (Poirer v. Our Lady of Bellefonte Hospital, Inc. Ky. Ct. App., No. 2004-CA-002335-MR, unpublished 2/17/06).

Though state courts' interpretation of denial of privileges depends largely on the respective state statute, medical licensing regulations, and case law there are some general "best practices" that the Kentucky case illustrates. Specifically, when dealing with any staff physician, be sure that the credentialing committee follows medical staff bylaws and hearing and appeals procedures. Also, keep in mind that, depending on the severity of the remarks, the hospital could face liability under state tort laws, particularly if the hospital was aware of the conduct and took no action to stop it. State tort liability varies from state to state.

Since the interpretation of denial of privileges and tort laws vary from state to state, you should direct your questions to appropriate counsel.

Thanks to Anjali Kharod, Esq., an associate with the Philadelphia-based law firm Saul Ewing LLP for answering this question.

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