5th Circ. Reversal Of Poliner Restores Order

Law360, New York (August 6, 2008, 12:00 AM EDT) -- In a case that has been closely watched around the nation for several years, the Fifth Circuit Court of Appeals has reaffirmed hospitals’ and physician peer reviewers’ broad immunities from damages claims under the 1986 Health Care Quality Improvement Act (“HCQIA”).

In Poliner v. Texas Health Systems, 2008 WL 2815533 (5th Cir. Jul. 23, 2008), the court overturned a $33 million judgment awarded to the plaintiff, a cardiologist whose cardiac catheterization and echocardiography privileges were summarily suspended following a patient incident at the defendant hospital and...
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