Ask the expert: Can a medical staff application include information about reimbursing attorneys fees after an unsuccessful credentialing dispute?
Credentialing Resource Center Connection, September 4, 2008
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Yes. Michael Cassidy, Esq., a healthcare lawyer at Arensberg Attorneys in Pittsburgh wrote about the situation recently on Med Law Blog (www.medlawblog.com) in the post “Physicians Must Reimburse Hospitals and Medical Staff Officers for Successful Defense of Peer Review Claims.”
He writes: “…sometimes the application for medical staff privileges contains clauses providing the immunity to the peer review participants and/or providing that the physician applicant will reimburse attorneys fees in the event of an unsuccessful credentialing dispute. In Adeduntan vs. Hospital Authority of Clark County the United States District Court for the Middle of District of Georgia found that a physician who was unsuccessful in prosecuting a peer review action against the Hospital Authority, Athens Regional Medical Center, and several physicians involved in the peer review process was required to reimburse the hospital and those physicians for their attorneys fees.”
Click here to read more about the issues this raises.
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