What is the AMA's Position on Summary Suspension of Medical Privileges?
A summary suspension of medical privileges is one of the most devastating events in a physician's career. It is reportable after 14 days and takes months or even years to reverse. The costs to a doctor's career and for legal fees are astonishing Once a doctor wins, the remedies to make the doctor whole are rare and sometimes non-existent.
The American Medical Association (AMA) maintains a firm stance on the use of summary suspensions within healthcare organizations. Under Policy H-375.965, "Principles for Incident-Based Peer Review and Disciplining," the AMA outlines strict guidelines to ensure that this "extraordinary remedy" is used judiciously and with respect for due process.
Summary Suspension: An Extraordinary Remedy
The AMA is clear: summary suspension of clinical privileges should not be a routine administrative action. It is an extreme measure reserved exclusively for situations where a physician’s continued practice presents an "imminent danger to the health of any individual."
This high threshold exists to protect the physician's career and reputation from unwarranted damage while maintaining the primary goal of patient safety.
Despite these policies in practice just a few accusations against a doctor can trigger the summary suspension. MEC investigations are often guided by highly experienced attorneys and once the process starts it is very difficult to stop.
The Procedural Safeguards
Because of the severity of a suspension, the AMA insists on a structured and timely review process:
Authority to Suspend: The decision should be made by high-level medical leadership, such as the Chief of Staff, the Chair or Vice-Chair of the clinical department, or the Medical Executive Committee (MEC).
Mandatory MEC Review: Once a suspension is imposed, the MEC must meet to review the action as soon as possible. This meeting must occur within 14 days or before a report is required to a state licensing agency—whichever period is shorter.
Physician Participation: The suspended physician must be invited to attend this MEC meeting and provide a statement regarding the issues under investigation. While this meeting does not replace a formal "fair hearing," it is a critical step in the immediate oversight of the suspension.
Prompt Action: Following the review, the MEC must promptly decide whether to modify, continue, or terminate the suspension. If the suspension is sustained, it must trigger formal fair hearing procedures.
Again, in practice the AMA rules work when the MEC investigation is done in good faith. In the many cases where the doctor is unfairly targeted these guidelines are ignored or adhered to in form but not substance. Our medical lawyers do use these AMA guidelines in attacking summary suspensions and a Superior Court judge reviewing MEC conduct may well rule in favor of the targeted physician if these guidelines are not adhered to.
Ensuring Fairness and Accuracy
The AMA policy also emphasizes the need for impartiality and the accuracy of reported information:
External Review: To ensure an unbiased assessment, the MEC or the physician under review can request an external hearing panel through a state medical society or specialty society.
Clear Basis for Action: Before any disciplinary hearing, the physician is entitled to a clear, clinically supported explanation for the proposed action, guided by established clinical standards.
Separation of Impairment Issues: Matters involving physician health or impairment should be handled by a separate medical staff committee, kept distinct from the disciplinary process.
Reporting and Retraction: If a suspension report does not adhere to these principles, the AMA states it should not be circulated without confirmation from a state medical board. Furthermore, if a physician is exonerated or a suspension is reversed, the reports must be immediately retracted or removed.
The Right to Respond: Physicians have the right to add a statement or a notice of dispute to any summary suspension report.
Conclusion
For physicians, a summary suspension can be a devastating event. The AMA’s policy H-375.965 serves as a vital framework to ensure that such actions are based on genuine risk rather than administrative convenience or interpersonal conflict. By mandating swift reviews and protecting the right to a fair hearing, these principles aim to balance the safety of patients with the professional rights of doctors.
If a summary suspension has been imposed or seems imminent, you should contact the Physician Lawyers at the Law Office of Daniel Horowitz. We are expert in defending doctors and we move quickly and efficiently to protect you. Call us at (925) 283-1863.
