SACRAMENTO 6 Apr 09 – The California Supreme Court issued a major victory to Dr. Gil Mileikowsky and healthcare professionals throughout the US today, issuing a decision regarding the conduct of his medical peer review hearing in 2003. The Court wrote:
We conclude the hearing officer lacks authority to prevent a reviewing panel from reviewing the case by dismissing it on his or her own initiative before the hearing has been convened, and also lacks authority to terminate the hearing after it has been convened without first securing the approval of the reviewing panel. We therefore will affirm the judgment of the Court of Appeal.
Dr. Mileikowsky (“Dr. Gil”) is a champion and advocate in the nationwide effort to end “sham peer review” (SPR) – a corrupt practice in which hospitals retaliate against physicians and nurses who report dangerous physicians, hospital conditions, or who successfully compete against hospitals by delivering superior service. By rigging a medical peer review board that cherry picks ordinarily insignificant mistakes, hospitals use SPR to intimidate and silence physicians who are sworn to improve healthcare and protect patients. Those targeted face a financially crippling fight to retain their clinical privileges. Sadly, many physicians endure financial ruin and the loss of their medical careers. Some lose hope and end their lives in suicide.
Hospitals accused of SPR have included Kaiser, Tenet, and non-profits like Adventist. Because hospitals have profited from harming patients, the Supreme Court’s decision could have a positive impact on patient safety throughout the US healthcare industry.
Dr. Mileikowsky is the President and founder of the Alliance for Patient Safety and a member of Semmelweis Society International (SSI), which supported Mileikowsky throughout his appeal. Attorneys Jeffrey White and Georgetown Law Professor Alan Ullberg assisted SSI in the preparation of its amicus brief.
Health Leaders Media recently named Dr. Mileikowsky as one of America’s top healthcare leaders.
For more information, see the California Supreme Court opinion.