A D.C. doctor got a second chance at a suit alleging a hospital improperly ended his medical staff privileges because he adequately pleaded facts rebutting a presumption that the facility was immune from damages, the district’s top court said Thursday.
Determining a health-care facility’s immunity under the federal Health Care Quality Improvement Act on a motion to dismiss is premature, the District of Columbia Court of Appeals said. The determination requires a “fact-intensive” inquiry into whether the facility satisfied the law’s substantive and procedural requirements that is better suited for the summary judgment stage, it said.
The court reversed ...
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