The Medical staff counselor
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This is the second part of a two-part article examining the federal patient anti-dumping statute, under which physicians are required to treat a hospital's emergency patients, including women in labor, and to comply with certain requirements that dictate when it is appropriate to transfer a patient. Part I discussed in detail the provisions of the statute. Part II analyzes various court interpretations of the law and its potential impact on physician liability.
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This article describes the types of medical staff credentialing and peer review activities that invite the scrutiny of the Federal Trade Commission. To avoid antitrust problems, medical staffs and their members are advised to offer recommendations based on specific quality-of-care concerns. Antitrust problems will arise, however, if the medical staff or its members engage in collective activities that involve threats or coercion directed at the hospital's governing board or that are calculated solely to exclude an entire class of potential competitors.
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This article discusses the duties of hospital governing boards, medical staffs, medical staff officers, and individual medical staff members regarding the credentialing of physicians, including the potential liability of these groups for negligent medical care and wrongful denial of staff privileges. This article also proposes possible measures these groups may take to avoid or limit their exposure to such liability.
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This article describes some of the issues relevant to the different kinds of contracts that are likely to be offered to physicians entering private practice upon completion of residency programs or in the early years of practice and discusses how such issues can be resolved in the course of negotiating those contracts.