1. OBTAIN THE BYLAWS
Bylaws contain crucial deadlines and due process rights; be aware of them and insist upon these important requirements.
2. GET COUNSEL INVOLVED EARLY
Whether behind the scenes for strategic purposes or on the front lines, early legal advice may prevent mistakes and help minimize damage.
3. RESPOND IN WRITING WITH A FACTUAL TONE
Communicating the medical facts with corroborating evidence from the medical file helps the committee understand your case and gets your side of the story into your peer review file.
4. MAINTAIN CREDIBILITY
Do everything you can to present the medical facts in an unbiased and reasoned tone; do not become defensive; do not exaggerate.
5. BE THERE FOR EVERY MEETING
Take full advantage of every opportunity to make a personal connection and explain the medical facts to the committee.
6. DON’T RESIGN OR LET PRIVILEGES LAPSE
If the review is focused on you, to avoid a negative report to the state licensing board or the federal data bank (NPDB), assume an “investigation” exists and get legal help before you resign or let privileges lapse.
7. UNDERSTAND YOUR LITIGATION OPTIONS
Current law provides limited options for litigation. Consult with counsel to be sure you understand them and can utilize them when most advantageous.
8. DO EVERYTHING NECESSARY FOR THE FAIR HEARING PROCESS
Spend your resources on counsel, experts, and services that will maximize the chance of getting your privileges back at the hospital “fair hearing” level.
9. LOOK FOR OPPORTUNITIES FOR RESOLUTION
While preparing for the hearing, be creative and flexible in determining a resolution that you can live with.
10. PRACTICE WHERE YOU ARE WELCOME
Practicing medicine is hard enough. Practicing medicine under a microscope is a recipe for disaster. If it is clear the hospital is not a good fit for you, make your exit with the help of legal counsel.