130.005 Arbitration Protocols in Smaller Institutions


Arbitration Protocols in Smaller Institutions: To facilitate arbitration of disputes concerning the quality of a physician’s care by other physicians, the TMA approved the following ten-point set of protocols:


(1) The hospital medical staff, the hospital’s governing body, and the physician whose care has been questioned must jointly request arbitration in writing.


(2) The TMA Councilor and Vice Councilor must review each request for arbitration and determine that utilization of the protocols is appropriate.


(3) The physician(s) being reviewed need not be members of TMA.


(4) Physicians chosen from a panel of TMA members agreeing to participate in the arbitration process will perform the review.


(5) The hospital requesting assistance will provide funding for the review.


(6) The hospital from which the arbitration request originates must agree to indemnify the reviewing physicians for costs of defending lawsuits alleging defamation or other tortuous conduct.


(7) The scope of review may include travel to review records of questioned treatment; interviews of those persons who question the physician’s care (patients, nurses, administrator, physician colleague(s), etc; and interview of the physician whose treatment has been questioned.


(8) The physicians conducting the arbitration must be appointed as members of an ad hoc committee of the hospital’s medical staff.


(9) At least two physicians should be available to provide arbitration services for each request.


(10) Physician arbitrators should be prepared to present their findings, recommendations and conclusions within the following context: (a) verify that a problem exists and that further investigation is warranted; (b) make specific comments in reference to specific charts and instances of care provided which may be discussed in subsequent hearings on hospital staff privileges; (c ) be available to testify at such a hearing if necessary; and (d) be available to testify or to be deposed concerning their role in the arbitration process should a suit be filed by a physician adversely affected by a decision on medical staff privileges (Hospital Medical Staff Section, p 151, A-93; reaffirmed CM-PPA Rep. 2-A-17).


Last Updated On

May 25, 2017