Medical Staff Operations & Disputes

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Advising medical staffs requires the trust of physicians, health care executives, and governing bodies.  It also requires extensive knowledge of the statutes, regulations and accreditation standards that affect medical staff operations, and the skills to function effectively in the types of adversarial proceedings that sometimes arise out of a medical staff’s activities.  We have earned that trust, and acquired the critical knowledge and skills, over decades of practice.

In addition to medical staff issues handled by each department, the firm has a multidisciplinary Medical Staff Practice Group that meets regularly to analyze and address key medical staff issues confronting providers across the country.

Several of our partners have specialized in medical staff affairs for over 30 years.  Founding partners Patric Hooper, Robert Lundy and Lloyd Bookman were involved in landmark cases, including Miller v. Eisenhower Medical Center, 27 Cal.3d 614 (1980), and Oliver v. Board of Trustees, 181 Cal.App.3d 824 (1986), that continue to impact the rights and responsibilities of hospitals and medical staffs to this day.  Harry Shulman represented the Medical Staff in Ellison v. Sequoia Health Services, 183 Cal.App.4th 1486 (2010), further contributing to the body of law that governs the resolution of medical staff disputes.

We offer a full range of consultation services, as well as hearing officer and advocacy services in adversarial settings.  Our medical staff expertise applies not only to hospitals, but other entities with professional staff components or characteristics, including clinics, surgery centers, IPAs, and medical groups.

Consultative Services

  • Medical staff bylaws, rules and regulations
  • Medical staff self-governance and operations
  • Hospital/medical staff relations
  • Medical staffs in multi-hospital systems
  • Formation of new or consolidated medical staffs
  • Medical staff credentialing
  • Ongoing Professional Practice Evaluation and Focused Professional Practice Evaluation
  • Medical staff investigations and remedial action proceedings involving behavioral and/or clinical issues
    • Preservation of peer review protections and immunities
    • Hospital licensing, Medicare Conditions of Participation, and accreditation compliance
    • State Medical Board and National Practitioner Data Bank reporting
    • Responding to Medical Board subpoenas
    • Medical administrative officer contracts
    • Department / service closures
    • Exclusive contracting

Adversarial Proceedings

  • Advocacy for medical executive committee in peer review hearings and appeals
  • Hearing officer services in peer review hearings
  • Representation of governing body in appeals arising out of medical staff peer review hearings
    • Representation of hospitals and medical staffs in litigation relating to medical staff affairs
    • Evidence Code Section 1157 protections

For media assistance, please contact Maura Fisher at 202-580-7714.