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· 11/24/2014

James B. Hurwitz, M.D. v. Ahs Hospital Corp.

Citations

  • 438 N.J. Super. 269
  • 103 A.3d 285
  • 2014 N.J. Super. LEXIS 161

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that courts will not interfere with hospital decisions concerning medical staff
  • noting that HCQIA immunity is a question of law for a court to decide
  • finding that permitting discovery to proceed in privileges cases “would needlessly entangle hospitals and review participants in depositions and other litigation activities, thereby diluting the practical benefit of the immunity protection conferred upon them[.]”
  • rejecting physician’s challenge to clinical privilege denial where physician provided “no evidence, nor even a plausible indication, that defendants failed to comport with [] norms of fairness and reasonableness”
  • “Like the federal law, the New Jersey statute provides broad immunity for damages to qualified persons for actions taken as part of a hospital’s peer review process.”
  • \The judicial power to intervene in disputes over a physician's clinical privileges is circumscribed.\

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.