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Due Process

 

UNDERSTANDING DUE PROCESS and PEER REVIEW:
Medical peer review is the process by which a committee of physicians investigates the medical care rendered by a colleague in order to determine whether accepted standards of care have been met. Written by Scott Segall, Judge, El Paso Criminal Law Magistrate Court and William Pearl MD, Beaumont Army Medical Center, El Paso
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CASES INVOLVING DUE PROCESS and PEER REVIEW:
There has been little litigation reported on this issue, here is an update of the case law. There have been two cases that highlight some of the main issues.
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Dr. Eric N. Grosch: Witch Hunts and Due Process: The toughest article we've got. If you can read and comprehend Dr. Grosch's in-depth analysis, then you can appreciate the delicate circumstances regarding HMOs, hospital administrators, physicians, nurses and patients.
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The Hospital's Obligations as an Employer and Due Process Protections for the Physician:
Scroll down to these headings & read what this article has to say about the by laws & licensure
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AMA Policies Regarding Due Process: Here is what we know the AMA has done with regard to assuring an honest 'jury of strangers' respects due process in peer review. There appears to be no provision for the impartiality of the judges.
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Peer review: The case for absolute immunity: This is the AMA's response to the Connecticut and California Supreme Court rulings in favor of DUE PROCESS. The message, once again, is that the AMA is NOT for DUE PROCESS in peer review.
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AMA REPORT OF THE BOARD OF TRUSTEES Subject: Peer Review Immunity
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The challenge to confidentiality in peer review This article discusses the very real threats made to the peer review privilege, and it addresses the rules that must be followed when surgeons engage in peer review activities.
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