Research Links for Legal Precedence

Legal Case Precedents

Bok vs Mutual Assurance Company  - Decision from 11th Circuit Court of Appeals on denial of access to malpractice insurance after peer review.

Timothy A. PATRICK, Petitioner,v.William M. BURGET et al.

Guide and Summary of  Timothy A. PATRICK, Petitioner,v.William M. BURGET et al.

Federal Trade Commission v. Ticor Title Ins., 504 U.S. 621

Virginia Court Favors Peer Review Privacy

Medical Peer Review and Immunity Under HCQIA After Poliner

Poliner sought declaratory judgment that the defendants were not entitled to immunity under HCQIA. Poliner alleged that the defendants were motivated by something other than a reasonable belief that their actions would further the care of the hospital’s patients. He claimed that the animosity toward him and the desire to eliminate him as an economic competitor resulted in a conspiracy to eliminate him from practicing at the hospital. He further claimed that the reviews were less than thorough, that they were biased, incomplete, filled with errors, and that the defendants did not make reasonable efforts to obtain the facts. Lastly, Poliner claimed that he was not afforded adequate notice and hearing procedures.

Osuagwu v. Gila Regional Medical Center  New Mexico federal district court 2012

Dr. Osuagwu presented evidence that Gila Regional failed to follow its own bylaws and failed to provide him due process in permanently suspending his privileges without meeting the requirements of HCQIA for immunity. One of the defendants, Dr. Romillard, a non -practicing gynecologist advised the hospital’s peer review committee as to why Dr. O’s privileges should be suspended. He also was a member of the “fair hearing panel” which eventually heard Dr. O’s case. He also served as the prosecutor bringing the case before the panel and the closest thing to a medical expert on the case. Non of the practicing OB/GYN doctors who reviewed the cases were called and Dr. O had no opportunity to cross examine or confront them. Dr. Romillard also reported Dr. O to the New Mexico Medical Board, which reviewed the cases submitted to it by Dr. Romillard and concluded that while the documentation in the cases might have been improved upon, his care was not careless, bad or unreasonable in the circumstances.



General Links 
American Association of Law Librarians --
American Bar Association Administrative Procedure Database including: references and some links to state APAs --
American Bar Association Section of Administrative Law & Regulatory Practice --
American Law Sources Online -- 
Cato's Regulation Magazine -- 
Cornell's Legal Information Institute --, including:
Emory Law Library's Federal Courts Finder -- 
FedLaw - General Services Administration's legal links -- 
FindLaw's Administrative Law links -- 
Georgetown's Administrative Law links -- 
Government Printing Office's links to Federal Register publications --  --including:

Public Laws for the 104th Congress and the 105th Congress -- 

Municipal codes on-line: from Municipal Code Corporation --
National Conference of Commissioners on Uniform State Laws official site - 
Office of the Federal Register --, including: 
Oyez, Oyez, Oyez! A US Supreme Court Database --
Regulation.Org -- 
Thomas -- Federal Legislative Information on the Internet -- 
Villanova University's Center for Information Law and Policy -- 
Virginia Administrative Law Advisory Committee --
W3 Lawyer's Administrative Law links -- 
Washburn University's State Law -- 
World Wide Web Virtual Library -- 

Rules Review Links 

Arizona Governor's Regulatory Review Council -- 
Connecticut Legislative Regulation Review Committee -- 
Iowa Administrative Rules Review Committee-- 
Michigan Office of Regulatory Reform -- 
New Hampshire Joint Legislative Committee on Administrative Rules (JLCAR) -- 
New York Governor's Office of Regulatory Reform (GORR) --
Ohio Joint Committee on Agency Rules Review (JCARR) -- 
Pennsylvania Independent Regulatory Review Commission (IRRC) -- 
Utah Administrative Rules Review Committee (ARRC) -- 
Utah Governor's Office of Planning and Budget, Resource Planning and Legal Review Section, Administrative Rules Review -- 
Virginia Department of Planning and Budget's Regulatory Town Hall -- 
Washington Joint Administrative Rules Review Committee (JARRC) --