ing peer review confidentiality is ex- tremely important, it must not be so important that it “protects hospitals and other organizations from scrutiny when there is evidence of anticompet- itive actions before the court.” “Memorial Hermann goes to great lengths … to argue that no antitrust claim ‘can be based on injury to a sin- gle physician,’” TMA wrote. “Medical peer review focuses on the treatment provided by individual physicians. Accordingly, antitrust cannot be the standard intended by the Legislature for an exception to the application of a statute relating to the peer review of individual physicians. Such an inter- pretation would render the exception meaningless.” Or, as Dr. Gomez puts it, using the
hospital’s interpretation would make it “virtually impossible for any indi- vidual physician to ever meet that ex- ception to the peer review privilege.” TMA’s brief told the high court
that even if the peer review commit- tee doesn’t take any adverse action as the result of a peer review, “the shar- ing of data and innuendo can be used to damage a physician’s reputation.”
NOTHING NEW Hospitals using peer review, and its accompanying confidentiality protec- tions, to mar a physician’s reputation doesn’t happen every day in Texas, but it’s not a fresh phenomenon. “I can’t tell you it’s something we’ve
seen a lot of [in] past instances,” Dr. Pike said. “However, there are grow- ing pressures on physicians these days by nonphysician entities. We antici- pate we will be seeing more of these problems in the future.” For example, nonphysician evalua-
tion became a problem for Van Mask, MD, in 2010, when Dr. Mask took a hit to his reputation that resulted in a lawsuit and eventually led to a settle- ment with Coon Memorial Hospital in Dalhart. (See “Peer Review Farce,” December 2013 Texas Medicine, pages 51–54, or visit
www.texmed.org/Peer ReviewFarce.)
August 2015 TEXAS MEDICINE 67
COMMITTEE ADVOCATES FOR PATIENTS, PHYSICIANS
TMA’s Patient-Physician Advocacy Committee assesses the quality of medical care in Texas and recommends regula- tory, legislative, and legal approaches to assure the highest standard of medical care is available to all Texans. The committee:
• Provides advice on topics including medical staff bylaws, peer review, quality assurance, and utilization review;
• Develops and recommends policy; • Establishes and maintains a liaison with relevant state agencies; and
• Serves in an advocacy role for physicians and patients on important issues in medicine.
To reach staff for the Patient-Physician Advocacy Commit- tee, contact the TMA Knowledge Center at (800) 880-7955.
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