Fifth Circuit reverses Poliner

The U.S. Court of Appeals for the Fifth Circuit has reversed a massive jury award in a peer review case, Poliner v. Texas Health Systems.  Dr. Poliner was an interventional cardiologist whose cardiac cath privileges were temporarily suspended after incidents involving several patients.  At trial, the jury awarded Dr. Poliner over $360 million in damages, which was later reduced to over $30 million, for defamation, injury to career and mental anguish.  The Fifth Circuit reversed, holding that the hospital was immune from monetary damages under the Health Care Quality Improvement Act (HCQIA).  The Court summed up its reasoning this way:

This case demonstrates how the process provisions of the HCQIA work in tandem: legitimate concerns lead to temporary restrictions and an investigation; an investigation reveals that a doctor may in fact be a danger; and in response, the hospital continues to limit the physician’s privileges. The hearing process is allowed to play out unencumbered by the fears and urgency that would necessarily obtain if the physician were midstream returned to full privileges during the few days necessary for a fully informed and considered decision resting on all the facts and a process in which the physician has had an opportunity to confront the facts and give his explanations. The interplay of these provisions may work hardships on individual physicians, but the provisions reflect Congress’ balancing of the significant interests of the physician and “the public health ramifications of allowing incompetent physicians to practice while the slow wheels of justice grind.”

The Poliner case has been closely monitored by health care attorneys across the country and has significant implications for hospitals and physicians in the peer review process.

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