MEC Investigations   

The Best MEC Legal Defense Team

The Horowitz Physician Defense Law Group, led by renowned attorney Daniel Horowitz, specializes in defending physicians facing hospital Medical Executive Committee (MEC) investigations and inquiries. Known for his unparalleled trial expertise, proven negotiation skills, and groundbreaking appellate victories, Daniel Horowitz has built a reputation as one of the top medical defense attorneys.    

RISKS OF AN MEC INVESTIGATION

MEC investigations pose a significant risk to physicians' licenses and their ability to practice medicine. Once an investigation is initiated, it becomes exceedingly uncommon for the physician to avoid sanctions.

PIP's & Lesser Discipline

 Measures like Performance Improvement Plans (PIPs), counseling, coaching, and warnings may appear to be collaborative but they are often precursors to more serious challenges targeting the medical licensee.

Resignation Under Investigation

Once an investigation is disclosed to you a resignation (under investigation) is reportable to the National Practitioner Data Bank and most medical boards.

Rumors & Undercutting 

Investigations are like blood in the water.  Weakness attracts more detractors and supporters will hide in fear.  A strong and rapid response is needed to stop rumors and to discourage undercutting of the target doctor.

Legal Representation is Necessary

 Physicians should seek legal representation as soon as there is any indication of an MEC investigation and before agreeing to a PIP or other interim discipline.  Importantly, requests for explanations or in-person meetings with the Committee rarely result in full exoneration for the physician under scrutiny.  Legal representation before such interviews is critically important.

Remember - When the MEC is investigating - Time is Not Your Friend. 

EARLY MEC INVESTIGATION

Daniel Horowitz emphasizes, “They have attorneys—so should you.” When a Medical Executive Committee (MEC) investigation begins, the committee typically consults legal counsel before approaching the physician under scrutiny.

Relying on self-help during an MEC investigation is rarely effective. Critical timelines for summary suspensions, committee interviews, and the start of formal proceedings are often very short. Once disciplinary actions are taken, they are challenging to reverse, leaving the physician responsible for overcoming significant obstacles to restore their reputation.

At the Horowitz Physician Defense Law Group, our medical defense experts provide strategic guidance, either discreetly behind the scenes or, when necessary, through formal representation to protect your rights and career."

Powers of the Medical Executive Committee (MEC)

Role and Authority

"Delegation of Power:  The Organized Medical Staff grants substantial authority to the Medical Executive Committee (MEC). While this local committee may appear to lack strict formality or consistent structure, its exercise of power can be disproportionately strong and authoritative.  Informal contacts, seemingly innocent sidebars can quickly turn formal when you are summoned to meet with the executive committee.

While technically separate, the MEC may in practice act as an extension of the hospital’s executive branch, often prioritizing business-driven decisions over clinical independence. For optimal governance, hospitals should maintain an independent medical staff and MEC.  In practice the MEC is often part medically drive and part politically and economically driven.

Scope of Influence: The MEC holds significant responsibilities, including reviewing medical staff qualifications, approving new procedures and equipment, and overseeing initial credentialing and scope of privilege applications. This influential body is governed by both state and federal laws and must adhere to compliant by-laws."  It makes recommendations to the governing body (board of directors) and interacts with the board most directly through the Chief Medical officer (who may or may not have medical staff privileges).

What is a Medical Executive Committee (MEC) 

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:

1. Summary Suspension: The MEC can initiate a summary suspension.
2. 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

Medical Staff and the MEC

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.

What is the Evidence Code Section 1157 Privilege?

Read more about how medical staff and the Medical Executive Committee can affect your medical career.