Medical Staff Minute: Removing a Disruptive Physician
Question: Should we consult an attorney before removing a disruptive physician from the hospital’s medical staff?
Answer: Yes! You should absolutely consult an attorney before removing a disruptive physician from the medical staff. Removing a disruptive physician from a hospital’s medical staff is a serious decision that can have significant legal, regulatory, and reputational consequences. While it may be tempting to act swiftly to restore a safe and effective care environment for patients and hospital staff, failing to consult legal counsel beforehand can expose the hospital to unnecessary risks.
Before initiating action to remove the physician, it is critical to consult legal counsel. Here’s why:
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Legal Protection: Removing a physician from the medical staff can lead to a range of legal claims, including defamation, breach of contract, discrimination, and wrongful termination of privileges. Early input from legal can assist the hospital to assess potential claims and strengthen the defensibility of its actions.
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Adherence to Medical Staff Bylaws: Medical Staff Bylaws and related rules and regulations or policies set forth procedures and processes for addressing disruptive behavior. Any deviation from these procedures could result in legal challenges and/or the hospital being required to reinstate privileges.
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Regulatory Reporting Requirements: Any adverse action that impacts a physician’s clinical privileges for more than 30 days may require reporting to the National Practitioner Data Bank (NPDB) and possibly to the Louisiana State Board of Medical Examiners (LSBME). Reports to these agencies will likely have a lasting impact on the physician’s career and should be handled carefully to avoid liability for improper or unnecessary reporting. Further, failure to report can have negative consequences for the hospital.
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Dual Roles Considerations: If the physician in question is an employee and a member of the medical staff, there may be two distinct sets of policies and procedures to follow. Legal counsel will help navigate employment law issues/HR polices and medical staff bylaws.
In conclusion, removing a physician from the medical staff is a lengthy process that must be followed precisely. It is not advisable to take steps towards removing a physician without first consulting legal counsel with experience in healthcare law. This protects patient safety and the rights of the physician.