(Download) "David W. Pepple v. Parkview Memorial" by Third Circuit No. 92A03-8701-CV-10 Court of Appeals of Indiana ~ eBook PDF Kindle ePub Free
eBook details
- Title: David W. Pepple v. Parkview Memorial
- Author : Third Circuit No. 92A03-8701-CV-10 Court of Appeals of Indiana
- Release Date : January 10, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
HOFFMAN, J. Plaintiff-appellant David Pepple, M.D. appeals an adverse summary judgment entered by the trial court in favor of defendant-appellant Parkview Memorial Hospital, Inc. An aspect of this case, concerning the confidentiality of peer review proceedings under IND. CODE § 34-4-12.6-2, was previously determined by this Court on interlocutory appeal. Parkview Memorial Hosp., Inc. v. Pepple (1985), Ind.App., 483 N.E.2d 469. Subsequent to this Court's decision in Parkview, the trial court granted Parkview's motion for summary judgment. On September 4, 1986 the trial court concluded inter alia, that Pepple received every due process right conferred by the medical staff by-laws; that Parkview is a private not-for-profit institution; that review of a private hospital's determination to exclude a physician is limited to an examination of the procedures required by the by-laws; that this Court's decision in Parkview, supra, forecloses review of the substantive issues even under an arbitrary and capricious standard because the records, proceedings, and communications within the peer review committee are privileged and confidential; that the privilege has not been waived in this case; and that consequently, the hospital's decision to limit Pepple's surgical privilege is not reviewable. This appeal ensued.
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