Three step — continued from Previous Page
may be relevant to a specific medical- malpractice case may have been learned by physicians after the completion of
their formal training. This would include many surgical procedures such as laparo- scopic surgeries, gastric bypass surgeries
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and many diagnostic procedures. Some physicians learn these new techniques in weekend courses with little verification of competence. Therefore, a request should be made for all documents that show the specific continuing medical education courses taken by the defendant physician during the five years before the incident. While the hospital is charged with
the responsibility for granting specific hospital privileges to physicians, the doc- umentation for anything other than a list of privileges is usually subject to an objection under Evidence Code section 1157, but CME courses are not part of any hospital process or review and there- fore not subject to any section 1157 privilege claim. All physicians who apply for privi-
leges to practice in a hospital setting must submit an application that must be approved and re-approved every two years. But because the committee that reviews such applications is covered by Evidence Code section 1157, it is almost impossible to obtain those documents. However, all physicians have multiple relations with health insurance carriers and other entities involved in health care, all of which require applications that are not protected. Also, the application of a physician
for liability insurance coverage should not be considered as covered by the immunity of the Evidence Code, and such documents are maintained by the insurance company. At a minimum, these documents should provide more infor- mation about any prior lawsuits, settle- ments, or other actions than would be obtained from a deposition or interroga- tories about prior medical-malpractice cases.
Also, most physicians who are self-
employed, rather than an employee of a large medical practice group, or Kaiser, will need to have contracts with health plans that allow the health plans to list the physician as part of the health plan for coverage purposes for any patient who has health insurance. These con- tracts are usually based on applications which must include sufficient information about the physician’s background for the
78 — The Advocate Magazine FEBRUARY 2012
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