Peer review actions are most commonly contested in federal court under
federal laws. This allows the aggrieved physician to escape state law
protections for peer review actions. More important, the federal courts do not
recognize state laws that protect peer review committee minutes and related
records from discovery. Some federal laws also provide for treble damages and
attorney’s fees if the plaintiff prevails. Without the possibility of this increased
recovery, it would not make economic sense to contest most improper peer
review actions. Laws that pay a bonus to a successful plaintiff are called
private attorney general laws. These provisions are intended to encourage
private enforcement of the law through civil litigation, saving the government
the cost of prosecuting violators in the criminal justice system. Both the
antitrust laws and RICO contain these private attorney general provisions.