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Filing Whistleblower Actions to Avoid Peer Review

By David M. Axelrad, Peder K. Batalden and H. Thomas Watson
November 29, 2012

Peer review is the process by which a hospital ' through committees of medical personnel and a board of trustees ' evaluates doctors applying for staff privileges, and assesses the performance of doctors on staff. Peer-review actions can include denying, modifying, or terminating staff privileges.

California's Legislature has endorsed peer review as a means of protecting the public from “those healing arts practitioners who provide substandard care or who engage in professional misconduct.” Cal. Bus. & Prof. Code ' 809(a)(6)-(7). “Hospital peer review, in the words of the Legislature, 'is essential to preserving the highest standards of medical practice' throughout California.” Kibler v. N. Inyo Cnty. Local Hosp. Dist., 39 Cal. 4th 192, 199 (2006).

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