MEC Investigations Lawyer
Powers of the Medical Executive Committee (MEC)
Role and Authority
Delegation of Power: In most hospitals, the Organized Medical Staff delegates significant authority to the Medical Executive Committee (MEC). This committee often acts as an extension of the hospital’s executive branch, endorsing decisions that may be primarily business-driven. Ideally, your hospital will have an independent medical staff and MEC.
Scope of Influence: The MEC wields considerable power, including reviewing qualifications, new procedures, and equipment, as well as evaluating initial credentialing and scope of privilege applications. This body operates under state and federal laws, as well as compliant by-laws.
Primary Responsibilities
Patient Safety: The MEC prioritizes patient safety and collaborates closely with executive management to enhance the hospital’s health and profitability.
Ultimate Authority: The hospital’s governing body, typically the board of directors, holds ultimate authority and responsibility. However, many boards focus more on donations and personal benefits rather than active governance.
Investigative and Disciplinary Functions
Performance and Conduct Issues: When issues such as performance failures, medical errors, or behavioral problems arise, the MEC steps in. Investigations can be informal or formal, often lacking strict adherence to fair investigation or hearing rules.
Impact on Physicians: Physicians are highly vulnerable during MEC investigations due to two main reasons:
- Summary Suspension: The MEC can initiate a summary suspension.
- Discipline or Remediation: The MEC can recommend disciplinary actions or remediation, leaving the cumbersome peer review process as the physician’s only recourse for justice.
MEC investigations can be informal or formal. You will benefit by retaining a peer review lawyer at the earliest sign of an investigation. The best MEC lawyers focus their practice on medical license and privilege law.
You can trust the expertise of the Horowitz Medical Law Group. Led by Daniel Horowitz, recognized as the best lawyer for medical peer review cases, our team ensures that your rights are protected and that you receive fair treatment throughout the process.
What is a Medical Executive Committee
MEC Protections from a Lawsuit
Legal Protections for the MEC in California
The Medical Executive Committee (MEC) is largely protected from lawsuits related to its conduct. The “Peer Review” process is typically shielded by the California anti-SLAPP statute which means that any lawsuit against the MEC for peer review matters must be meticulously crafted. If the lawsuit is not properly written, or if an unfavorable judge reviews the case, the doctor’s case can be dismissed, and the judge may impose substantial attorney’s fees on the losing doctor.
Choose Your Peers Carefully
Physicians forming partnerships and obtaining hospital privileges are usually people in love. When they come to the Horowitz law office, they are usually out of love and getting a divorce. When you are in the love stage try to force yourself to do a hard evaluation of the composition and day to day function of your particular MEC. What is the agenda of Medical Staff and who is really in charge? If you smell a skunk don't be fooled if they bring you roses.
Dangers from Former “Friends” in Medical Practice
Peer review, summary suspensions, and resignations while under investigation are all triggers for license harms, primarily due to medical board reporting and National Practitioner Data Bank (NPDB) reporting. License and credentialing disclosures must include these peer review-imposed sanctions, which must be explained throughout a physician’s career. Great care must be taken, as even lesser restrictions, such as performance improvement plans (PIPs), can trigger reporting if a physician resigns during the existence of a PIP.
Your peers can quickly become your persecutors, and their conduct can easily trigger state and federal protections that grant them governmental-type powers. When you sign on with a medical group or hospital, remember that you are empowering them in case of a conflict.
New Definition as to “When” a Peer Review Investigation has Commenced
A recent development is a broadening as to when an investigation is deemed to have commenced. This can effect many rights and trigger a myriad of protections to the instigating parties.
Recently the concept of resignation under investigation received attention when a California Court greatly broadened the concept of an MEC investigation. In (Wisner v. Dignity Health (2022) 85 Cal.App.5th 35 [300 Cal.Rptr.3d 359, 370, 85 Cal.App.5th 35]) the court relied upon the NPDB Guidebook (National Practitioner Data Bank Guidebook) for determining what was or was not an “investigation”.
The court stated that “[w]e agree with the NPDB Guidebook that the definition of an investigation cannot be controlled by a hospital’s bylaws, policies, or procedures.” Until this ruling, many physician lawyers relied upon the by-laws to determine this issue of law. It made sense. The by-laws govern MEC actions and review. The by-law definitions should apply to define the term “investigation”.
Client Testimonials
Contra Costa County Location - National Reputation for Excellence
-
He told me that he hadn't lost a trial in a long time and he didn't want mine to break the streak. I didn't either! We went to trial and he was in control of the courtroom. He was totally prepared. But I was still worried because the prosecutor was very good as well. Daniel was confident but honest. The jury really liked him. As you can tell, he won my case because I am here, writing this review. Thank you.Michael M.
-
There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.Cory N.
-
Tough, humble, has integrity - simply THE best. With Dan it is not so much about the money but about doing what is right. A very rare breed. He has honesty and integrity and the jurys see it. If he doesn't believe in the case or the client he won't waste your time or his. But you better listen to him!...Believe an trust in him. I did and I am totally indebted to him. He is "The best of the best." Thank you Dan for all you have done and continue to do. Carole~ Arbuckle v. Board of Chiropractic ExaminersCarole A.
-
My experience with Dan was great. I appreciate the knowledge Dan has and the professionalism they exhibit. I would highly recommend the Law Office Of Daniel Horowitz. My family and I are truly grateful we worked with him.Brandon D.
