Hostname: page-component-cc8bf7c57-llmch Total loading time: 0 Render date: 2024-12-12T07:33:00.169Z Has data issue: false hasContentIssue false
  • English
  • Français

Physicians’ Disruptive Behavior: Grounds for Discipline

Published online by Cambridge University Press:  28 April 2021

Edward E. Hollowell
Get access Rights & Permissions [Opens in a new window]

Extract

Medical staff clinical privileges are usually granted, denied, reduced, suspended, or revoked because of clinical competence and performance. Generally accepted standards for evaluation of clinical competence and performance are published by the Joint Commission on Accreditation of Hospitals. In addition, some states have established standards by statute and by administrative regulations. Hospital medical staffs and governing boards, therefore, have standards to use in evaluating clinical competence and performance. Courts generally uphold hospitals’ employment of these standards as the basis of their decisions about a physician's clinical privileges. However, denial, reduction, suspension, or revocation of clinical privileges based on a physician's disruptive behavior presents a more difficult problem for hospitals because there are no generally accepted standards against which physicians’ behavior can be measured.

Type
Hospital Law Review
Information
Law, Medicine and Healthcare , Volume 11 , Issue 1 , February 1983 , pp. 25 - 26
Copyright
Copyright © 1983 American Society of Law, Medicine & Ethics

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Joint Commission on Accreditation of Hospitals, Accreditation Manual for Hospitals 1982 (JCAH, Chicago) (1981) at 93–109.Google Scholar
See, e.g., N. C. Gen. Stat. §131-22 (1981); Gen, N. C. Stat. §131-126.11 A (1981).Google Scholar
Huffaker v. Bailey, 540 P.2d 1398 (Or. 1975).Google Scholar
Id. at 1399.Google Scholar
Sosa v. Board of Managers of Val Verde Memorial Hosp., 437 F.2d 173, 176 (5th Cir. 1971).Google Scholar
Id. at 177.Google Scholar
Huffaker, , supra note 3, at 1401. The court, in so doing, explicitly followed the rationale from Silver v. Castle Memorial Hosp., 497 P.2d 564 (Haw. 1972), cert. denied, 409 U.S. 1048 (1972).Google Scholar
Huffaker, , supra note 3, at 1400.Google Scholar
Miller v. Eisenhower Medical Center, 614 P.2d 258 (Cal. 1980).Google Scholar
Miller v. Eisenhower Medical Center, 158 Cal. Rptr. 614, 621 (Cal. App. 1979).Google Scholar
Id. at 621.Google Scholar
Miller, , supra note 9, at 267.Google Scholar
Id. at 271.Google Scholar
Anderson v. Board of Trustees of Caro Community Hosp., 159 N.W.2d 347, 348 (Mich. App. 1968).Google Scholar
Id. at 348.Google Scholar
Id. at 349.Google Scholar
Id.Google Scholar