Essay on "Regulatory Issue in Institutional Health"

Essay 3 pages (868 words) Sources: 1

[EXCERPT] . . . .

" (National Association Medical Staff Services [NAMSS], 2011)

IV. Mistakes on Reporting Physician to NPDB Not Eligible for Damages to Physician

It is reported that a physicians is not able to recover damages from a hospital that has reported a clinical action against the physician by mistake to the National Practitioner Data Bank (NPDB), according to a federal district court decision when dismissing the action (Zoher v. NCH Healthcare System Inc., M.D. Fla., No. 2:11-cv-86, 11/14/11). According to the U.S. District Court for the Middle District of Florida "there is no private right of action under the Health Care Quality Improvement Act (HCQIA) and, therefore, Dr. Mina Zoher failed to state a claim within the court's federal question subject matter jurisdiction." (National Association Medical Staff Services [NAMSS], 2011)

V. Analysis

The duty to report physicians to the National Practitioner Data Bank (NPDB) holds priority over any damages that an accidental reporting of a physician might cause to that physician as the centric emphasis of the HCQIA is improvement of the quality of health care services provisions. Therefore, the court viewed that an accidental reporting, while resulting in an error, does not, due to the obligation to report, render the physician in a position that favors the physician filing a lawsuit and receiving damages due to the reporting mistake.

The Health Care Quality Improvement Act of 1986 is such that has the objective of protecting the public from physicians that are incompetent by allowing those physicians "on peer review committees to communicate in an open and honest environment, and thus weed out incompetent physicians, without the specter of a retaliatory lawsuit by the reviewed physician." (HCQIA.net, 2012) This process however is one that can be abused through disparate and discriminatory treatment, failure to seek all relevant information concerning n issue before a rush to judgment, and other forms of peer sham reviews.

Summary and Conclusion

While the peer review process for physicians is one that is critically necessary in removing incompetent physicians from practice, it is clearly important that the proper guidelines are followed and that the peer-review process is conducted as originally intended so that the objective of the HCQIA is met through the peer-review process.

Bibliography

Interesting Case - Federal Health Care Quality Improvement Act Doesn't Allow Doctor to Sue for NPDB Report (2011) National Association Medical Staff Services. NAMSS. 16 Nov 2011. Retrieved from: http://namss.blogspot.com/2011/11/interesting-case-federal-health-care.html

National Strategy for Quality Improvement in Health Care (2011) Report to Congress. March 2011. Retrieved from: http://www.healthcare.gov/law/resources/reports/nationalqualitystrategy032011.pdf

The Health Care Quality Improvement Act of 1986 (nd) HCQIA. Retrieved from: http://www.hcqia.net/ READ MORE

How to Reference "Regulatory Issue in Institutional Health" Essay in a Bibliography

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