2 California Physicians Sue Hospitals Over "Unlawful" Peer Review Process

Two California physicians have filed a federal lawsuit against Sutter Central Valley Hospitals and Kaiser Permanente, alleging the healthcare companies used a state peer review process that violates civil rights and due process, according to a Modesto Bee report.

According to the report, the state deems healthcare organizations peer review authority over complaints against physicians. From 2003-2008, Mark Fahlen, MD, a nephrologist at Sutter's Memorial Medical Center, filed complaints to hospital officials accusing nurses of insubordination and errors. Nurses also filed complaints against Dr. Fahlen, alleging his confrontations and improper conduct "interfered with patient care," according to the report. In 2008, Dr. Fahlen came before a review panel that recommended his privileges be kept intact. Despite that ruling, the lawsuit states Sutter terminated him in Jan. 2009.

 

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Hamid Safari, MD, a perinatologist, accused Kaiser Permanente of similar allegations. In 2007, the state medical board accused Dr. Safari of gross negligence in two newborns' deaths. In 2009, a state administrative law judge concluded Dr. Safari was not to blame in the deaths of two newborns. However, the lawsuit alleges Kaiser still stripped his privileges to practice medicine at Kaiser facilities.

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