Initial Steps Physicians or Other Providers Should Take When They Receive a Peer Review Action

Our healthcare law firm works with many physicians and other providers who receive a notice of peer review action or investigation from their employer. Peer review actions can arise when employers reasonably believe that a physician or other provider has engaged in detrimental conduct or in conduct that may put someone in harm’s way, such as a patient. Our clients in these situations ask what they can do initially to respond to the peer review action. This blog covers several initial steps that physicians and other providers can take when they receive notice of investigation or a peer review action. If you need assistance responding to a peer review action from your employer or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Step: Request and Review Your Employer’s Bylaws or Other Policies to Determine What Your Rights Are in Response to a Peer Review Action.

Employers normally have due process policies related to peer review actions, and these policies are usually located in the employer’s internal bylaws. The bylaws govern how to respond to a peer review action and what rights you should have during a peer review action. These rights include responding to the peer review action, having access to your personnel file, among others.

Second Step: Hire an Attorney so You Can Develop a Proper Response Strategy, Timely Respond to the Peer Review Action, and Preserve Your Defenses.

When you receive a notice of a peer review action, the notice should allow you to respond to the allegations within a certain timeframe, such as fifteen days from the receipt of notice. You should hire an attorney immediately after you receive a notice of a peer review action so that your attorney can help advise you on what steps you need to take to preserve your due process rights and to assess what defenses you may have to the allegations and to identify any potential deficiencies in how the employer procedurally notified you of the peer review action or other adverse actions against you. If you are reluctant to hire an attorney after you receive a notice of a peer review action, you should respond to the allegations in the peer review action within the prescribed timeframe in the notice to lay out your side of the story to your employer and also to preserve certain defenses, including due process defenses, before you decide to hire an attorney.

If you need assistance responding to a peer review action from your employer or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

 

 

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