CPMSM COURT CASE REVIEW
QUESTIONS AND ANSWERS 100%
VERIFIED
Boyd v. Albert Einstein - Pennsylvania 1988 - ANSWER-Doctrine of Ostensible Agency
HMO found liable in patient's death as they were found to have advertised as providing
medical care they advertised its physicians and medical center providers were
competent and had been evaluated for up to six months before being selected as HMO
providers. Chest perforation during breast biopsy, chest pain/MI six weeks later.
Elam v. College Park Hospital - California 1982 - ANSWER-Doctrine of Corporate
Negligence
Medical records had information on many lawsuits against Podiatrist. Hospitals are
liable to patients and have a duty to use all information available in the peer review
process.
Patrick v. Burget - US Supreme Court 1986 - ANSWER-Anti-competitive Peer Review -
Led to Development of HCQIA
Physicians conducted peer review for anti-competitive reasons liable for violating
federal anti-trust laws.
Was a violation of anti-trust
Gonzales v. Nork & Mercy Hospital - California 1976 - ANSWER-Hospitals owe patients
a duty of care, laminectomy negligently performed, physician had a history of
unnecessary or negligent surgeries.
Webman v. Little Company of Mary Hospital - California 1995 - ANSWER-Duty to
Credential, Reasonable Application Requirements; Burden of Proof
Application denied when physician refused to authorize prior hospital to release
information.
Denial of privileges appropriate
Mahmoodian v. United Hospital Center - West Virginia 1991 - ANSWER-Disruptive
Behavior
Hospital can revoke otherwise competent physician's privileges when disruptive
behavior adversely affects patient care.
Denial of privileges appropriate
Mathews v. Lancaster General Hospital - Tennessee 1996 - ANSWER-Burden on
physician to prove bad faith peer review. Committee including competitors found
substandard care; outside consultant agreed;surgeon challenged summary judgement
applying HCQIA immunity.
QUESTIONS AND ANSWERS 100%
VERIFIED
Boyd v. Albert Einstein - Pennsylvania 1988 - ANSWER-Doctrine of Ostensible Agency
HMO found liable in patient's death as they were found to have advertised as providing
medical care they advertised its physicians and medical center providers were
competent and had been evaluated for up to six months before being selected as HMO
providers. Chest perforation during breast biopsy, chest pain/MI six weeks later.
Elam v. College Park Hospital - California 1982 - ANSWER-Doctrine of Corporate
Negligence
Medical records had information on many lawsuits against Podiatrist. Hospitals are
liable to patients and have a duty to use all information available in the peer review
process.
Patrick v. Burget - US Supreme Court 1986 - ANSWER-Anti-competitive Peer Review -
Led to Development of HCQIA
Physicians conducted peer review for anti-competitive reasons liable for violating
federal anti-trust laws.
Was a violation of anti-trust
Gonzales v. Nork & Mercy Hospital - California 1976 - ANSWER-Hospitals owe patients
a duty of care, laminectomy negligently performed, physician had a history of
unnecessary or negligent surgeries.
Webman v. Little Company of Mary Hospital - California 1995 - ANSWER-Duty to
Credential, Reasonable Application Requirements; Burden of Proof
Application denied when physician refused to authorize prior hospital to release
information.
Denial of privileges appropriate
Mahmoodian v. United Hospital Center - West Virginia 1991 - ANSWER-Disruptive
Behavior
Hospital can revoke otherwise competent physician's privileges when disruptive
behavior adversely affects patient care.
Denial of privileges appropriate
Mathews v. Lancaster General Hospital - Tennessee 1996 - ANSWER-Burden on
physician to prove bad faith peer review. Committee including competitors found
substandard care; outside consultant agreed;surgeon challenged summary judgement
applying HCQIA immunity.
