High court_ hospitals don’t have to turn over documents

South Dakota hospitals and doctors can commit crimes against patients and not be required to turn over evidence of those crimes, the South Dakota Supreme Court ruled Thursday.

Materials that are gathered by peer review committees to assess the performance of a health care provider are protected by state law, the court said, and hospitals cannot be compelled to turn over those materials, even when there’s evidence that providers committed fraud or crimes against patients.

The court’s decision overturns a circuit court judge who ruled that the medical peer review privilege does not apply when there’s evidence that it is being used to conceal criminal activity.

The case centers on the actions of a former spine surgeon, Dr. Tgas advisors company profile Allen Sossan, and two Yankton hospitals that employed him: The Lewis & Clark Specialty Hospital and Avera Sacred Heart. Electricity icons free Sossan – whose real name was Alan Soosan – and the hospitals have been sued by dozens of patients who accused the doctor of committing fraud by performing unnecessary surgeries. Power outage houston today Many patients contend they were injured, and others died.

The plaintiffs also alleged that the hospitals could be sued for negligently credentialing Sossan by allowing him to perform surgeries when the hospitals knew or should have known that Sossan was a menace to patients. Electricity voltage in germany About 30 other states have recognized that negligent credentialing is a valid cause of action, but the South Dakota Supreme Court did not address that issue in its ruling, meaning the lawsuits can go forward.

But the plaintiffs won’t be able to force the hospitals to turn over any materials they used in assessing Sossan’s performance or whether to grant him credentials.

Legislatures across the country as well as the federal government have established medical peer review laws that allow committees of health care providers to discuss the performance of colleagues. Electricity worksheets ks1 The materials used by those committees are protected from disclosure in lawsuits. Electricity and circuits In theory, the laws are supposed to promote patient safety by allowing health providers to assess the performance of colleagues without fear of being sued.

The privilege is much like attorney-client privilege or spousal privilege, which protects spouses from having to testify against each other. Electricity vs magnetism venn diagram The degree to which medical peer review materials are protected varies by state.

In the Sossan lawsuits, Circuit Court Judge Bruce Anderson ruled that patients are deprived of due process if they have no ability to access those materials when there’s evidence that health providers committed a crime. Electricity 2pm lyrics He noted that other privileges, including spousal privilege, have crime-fraud exceptions that negate those privileges when they are used to conceal criminal activity. Gas law questions and answers Anderson ruled that a crime-fraud exception applied to medical peer review committees.

But the South Dakota Supreme Court rejected Anderson’s reasoning, saying that “carving out an exception in this case is a task better left for the Legislature, which by statue created the peer review privilege,” in an opinion written by Justice Glen Severson.

Dr. F gas regulations Tom Hermann, the president of the South Dakota State Medical Association, welcomed the decision. Z gas cd juarez telefono The SDSMA filed a brief in the case asking the court to reject Anderson’s ruling.

In a statement, Hermann said that the highest quality level of peer review only occurs when participants are assured that the proceedings are confidential.

“The decision handed down today is about much more than a rare and isolated circumstance involving one physician or one case,” Hermann said. Astrid y gaston lima menu prices “Rather, it is about protecting the quality of health care statewide. Gas under a dollar Physician-conducted peer review is well-recognized nationwide as an essential component of ensuring high-quality health care.”

Scott A. Find a gas station near me Duke, the president and CEO of the South Dakota Association of Healthcare Organizations, said in a statement that his organization supported the decision.

“Dr. Electricity number Allen Sossan misrepresented himself to both patients and peers,” Duke said. Electricity quiz 4th grade “Thursday’s decision affirmed that plaintiffs were able to obtain evidence without obtaining those documents from peer review discussions. V gas llc With such evidence available, the court resisted carving out an exception to established peer review law. Gas finder near me In light of the uncommon and tragic circumstances related to Dr. Rahal e gas card Sossan’s misrepresentations, our members will continue to engage in thoughtful discussions to seek improvements to the current system and ensure patient safety.”

Mike Bornitz and Bob Trzynka, lawyers for the Cutler Law Firm representing the plaintiffs, issued a statement saying they were disappointed by the decision.

“We intend to get the information the court said we can have on Dr. Gas dryer vs electric dryer calculator Soosan, and we’re asking for anyone with information about Dr. Electricity production in usa Soosan to come forward to help us prevent this from happening again,” their statement said. “At the same time, we hope the South Dakota Legislature acts promptly to protect the citizens of South Dakota from fraudulent or criminal acts by medical professionals.”

The court wasted little time in reaching its 5-0 ruling, which included two circuit court judges and a retired judge because three of the regular justices recused themselves. Gas variables pogil answers Oral arguments in the case were earlier this month.

Sossan’s four-year tenure practicing in Yankton until 2012 has spurred dozens of lawsuits. Gas x coupon 2014 Former staff members alleged that Sossan would tell them to call patients and schedule unnecessary surgeries when he wanted to buy six-figure sports cars and other luxury goods. Gas zyklon b The lawsuits alleged that the hospitals ignored his behavior because they also profited from lucrative spine surgeries.

Sossan, who changed his name from Alan Soosan after felony convictions for burglary and bad check writing, left the country for Iran as the lawsuits mounted. Gas tax in washington state A grand jury subsequently indicted him for not disclosing the felony convictions on his application for a South Dakota medical license.