Professional Medical Staff Discipline in Arizona

For over 40 years, the health law attorneys at Goldberg Law Group have been representing physicians facing disciplinary action (i.e. an “adverse action”) by hospital medical staffs.
 
Arizona medical staff discipline or adverse action can take a number of forms, including:

Hospitals are required to have medical staff bylaws that contain due process rights for physicians facing disciplinary action. Except in the rare event of a summary suspension, the hospital must offer the physician a hearing and allow the physician to exercise his or her due process rights before imposing any disciplinary action.
 
The specific due process rights hospitals are required to provide physicians are contained in the Federal Health Care Quality Improvement Act (HCQIA) and in the medical staff bylaws applicable to each hospital. Due process rights available to physicians in hospital hearings often include:

The right to be represented by a personal lawyer or another person of the physician’s choosing;

Unfortunately, many physicians faced with disciplinary action do not know that they have the right to a hearing or the right to be represented by a medical contract [JM1] lawyer. Protecting the legal rights of physicians faced with disciplinary action is top priority for the health care attorneys at Goldberg Law Group. We provide strategic representation designed to invoke and preserve all due process rights available to physicians facing medical staff discipline.
 
Often times, in the process of pursuing disciplinary action against a physician, a hospital will fail to follow its own medical staff bylaws, or it is discovered that the medical staff bylaws do not comply with applicable laws. In Arizona, medical staff bylaws are a contract between the hospital and the members of the medical staff. Physicians subject to disciplinary action may, in certain circumstances, work with a medical defense attorney to file a lawsuit against a hospital to obtain a court order requiring the hospital to follow applicable laws or its own medical staff bylaws, or to prohibit the hospital from taking an action in violation of its medical staff bylaws or applicable laws.
 
A cascade of negative consequences can result from a single disciplinary action. If the action was based on the professional competence and/or professional conduct of the physician, it is reportable to the National Practitioner Data Bank (NPDB). The NPDB is a national clearinghouse that accumulates negative information about physicians. Information reported to the NPDB is available to other hospitals and health care entities, state licensing boards, federal agencies, state agencies administering health care programs, health plans, private accreditation organizations, peer review organizations and private accreditation organizations. These entities regularly obtain information from the NPDB about negative actions taken against about physicians. Moreover, a physician must voluntarily disclose disciplinary action taken against him or her when credentialing or applying for licensure or certification.
 
The consequences of a single adverse action taken against a physician’s medical staff membership or privileges will follow a physician around for years, regardless of where he or she practices. If your privileges have been summarily suspended by a hospital or you have been given notice of a proposed disciplinary action, it is imperative that you seek advice from an experienced physician defense attorney immediately.

For more information about how Goldberg Law Group can assist with your medical staff matter, contact Michael K. Goldberg at 480-427-7444.