Larry Schaefer, whose lengthy employment law career has led him to represent many healthcare professionals Minneapolis, is the author of an article recently published in Minnesota Physician concerning peer reviews for physicians and the employment rights that apply to the process. What is Peer Review for Physicians? Most medical professionals who work as an employee at a larger facility have heard the term “peer review” once or twice. It’s the … [Read more...]
Minnesota Whistleblower Standards Clarified
In Moore v. City of New Brighton, File No. 62-CV-17-4989 (Minn. Ct. App. July 29, 2019), the Minnesota Court of Appeals, reversed a grant of summary judgment on a Minnesota Whistleblower Act (MWA) case in a manner which clarifies and potentially strengthens this ability for future plaintiffs to establish liability and the right to proceed to trial. Complaints about Breach of Contract are Protected MWA Reports In Moore the report at issue … [Read more...]
EEOC Charge Filing Requirement Is Not Jurisdictional
The United States Supreme Court ruled today in a unanimous decision in Fort Bend County, Texas v. Davis, that the Title VII EEOC requirement set forth at 42 U.S.C. §2000e(5)(1), (f) (1), that a plaintiff first file a charge of discrimination before commencing litigation is not a “jurisdictional” barrier to bringing suit. Therefore, when plaintiffs have not complied with this requirement and defendant(s) have not timely objected, a discrimination … [Read more...]
How To Challenge Adverse Action After Peer Review
My previous blog, What Medical Professionals Need To Know When Facing Peer Review, outlined the internal peer review process for medical professionals facing peer review. This blog focuses on what rights are available in a “worst-case” scenario, when the internal peer review process is over and the decision to terminate or otherwise restrict privileges has been upheld. In these situations, the hospital is required to make reports to the state … [Read more...]
What Medical Professionals Need To Know When Facing Peer Review
Few professional events are more frightening for a physician that being notified that past care or behavioral issues are being subject to “peer review.” That’s because this process is not well-defined, the consequences of adverse reviews are potentially career-threatening, and the affected physician usually has little idea of what to expect. This blog provides some clarity into this process and should help a physician know when to consult with … [Read more...]
