DHD Guides Medical Staff in Terminating Physician’s Hospital Privileges
Craig A. Domalewski represented the Special Investigation Committee and the Medical Executive Committee of a Hospital Medical Staff in holding a physician accountable for breaching medical standards, compromising patient safety, failing to comply with Medical Staff By-Laws, and failing to cooperate in the investigative process. As a result, the physician’s privileges were immediately suspended and his membership on the Medical Staff was revoked by the Medical Executive Committee. The actions of the Medical Executive Committee were unanimously upheld by a Hearing Panel following a contested Fair Hearing. Mr. Domalewski also successfully defeated the physician’s application in the Superior Court for a preliminary injunction to enjoin his suspension.
While the case arose from an alleged negligent surgery and removal of the wrong internal organ, a critical component of the case was the physician’s failure to properly disclose the true surgical outcome to the patient and to provide accurate and complete information to the Special Investigative Committee created by the Medical Staff to investigate the incident.
The Special Investigative Committee found that the physician breached ethical duties, the standard of care, and the Medical Staff By-Laws when he failed to properly disclose the surgical outcome to the patient and failed to fully cooperate in the investigation. As a result, the Medical Executive Committee recommended a permanent revocation of his Medical Staff membership and imposed an immediate suspension of privileges pending any request for a Fair Hearing by the physician. Mr. Domalewski counseled the Special Investigative Committee and the Medical Executive Committee during the investigation and internal consideration of the allegations.
The physician contested the Committee’s findings and requested a Fair Hearing in accordance with the Medical Staff By-Laws. The physician also filed a Complaint in the Superior Court and sought a preliminary injunction to enjoin the immediate suspension of privileges and to litigate the issues in Court. Mr. Domalewski successfully defeated the physician’s application for a preliminary injunction and the Court rejected the physician’s argument to overturn the immediate suspension pending the outcome of the Fair Hearing.
The Medical Executive Committee formed a Hearing Panel of three physicians and a retired Superior Court Judge to conduct the Fair Hearing in accordance with the Medical Staff By-Laws. The Hearing Panel conducted a Fair Hearing over 6 days, involving the testimony of 14 witnesses, dozens of documents, and written and oral summations by counsel. The Hearing Panel unanimously affirmed all findings of the Special Investigation Committee and the decision by the Medical Executive Committee to revoke the physician’s Medical Staff membership and to impose the immediate suspension of privileges pending any further appeals by the physician. Mr. Domalewski represented the Medical Executive Committee before the Hearing Panel in holding the physician accountable, including the preparation and direct examination of the Medical Executive Committee’s witnesses and the cross examination of the physician’s fact and expert witnesses.
Craig A. Domalewski has significant experience representing hospital and hospital medical staffs in a wide variety of cases, including but not limited to disputes over physician privileges, Medical Staff Bylaws and related matters. Scott A. Hall also represented the Medical Executive Committee in this matter and worked closely with Mr. Domalewski during the Fair Hearing and related litigation. Ryan A. Notarangelo also represented the Medical Executive Committee in this matter and worked closely with Mr. Domalewski and Mr. Hall in connection with the preparation of the brief in opposition to the preliminary injunction application.
