CONCLUSIONS

CONCLUSIONS

Peer review is critical to maintaining quality medical care, but it is a suspect activity when carried on by the competitors of the physician being reviewed. As a commonsense matter, jurors may assume that an action by a group of physicians against one of their competitors was done for anticompetitive reasons.

Physicians must not be overcautious when conducting peer review. If the hospital allows an incompetent physician to continue practicing, persons injured by the physician may sue the hospital for negligent peer review. The members of the medical staff also will have a duty to protect their patients from incompetent physicians (no more referrals or consultations). In many states, they also have a duty to notify the state board of medical examiners.

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CONCLUSIONS