Medical Staff

For more than 30 years, our attorneys have advised Medical Staff leaders in a variety of settings, including in general acute care hospitals that are part of health systems, stand-alone community hospitals and specialty hospitals, hospital districts, academic medical centers, ambulatory surgery centers, and medical group peer review committees. Our attorneys have significant expertise and experience:

• Guiding Medical Staffs on governance, credentialing, and legal issues
• Advising Medical Staff leaders regarding provider health, conduct, and care
• Representing Medical Staffs in fair hearings and litigation
• Supporting Medical Staffs in drafting, developing, and revising Bylaws and policies

We take pride in our ability to advise clients on ways to address concerns creatively, and our approach is informed by principles of fairness, efficiency, objectivity, and patient safety. With a proven track record in hearings, litigation, and bylaw projects, we provide responsive, collaborative service and proactive legal solutions — allowing our clients to focus on delivering the highest quality care for their patients.

Credentialing, Privileging, and Peer Review

We regularly advise on day-to-day credentialing, privileging, and peer review issues that impact the Medical Staff, including governance, addressing red flags on applications for initial appointment and reappointment, mandatory reporting, management of professional conduct issues, formal investigations, peer review and consideration of corrective actions.

We provide legal guidance to Chiefs of Staff and Medical Staff professionals, routinely guide ad hoc committees to conduct fair and defensible investigations, and frequently attend Medical Executive Committee (MEC) meetings to advise on pending issues.

Bylaws, Rules, and Policies

We regularly review Medical Staff governance documents, advise Bylaws Committees, and propose revisions to Medical Staff Bylaws, rules, and policies. When reviewing Bylaws and policies, we consider local issues that may impact the Medical Staff, including prior hearing experiences and issues directly impacting the communities they serve.

Fair Hearings

We have a wealth of experience successfully representing Medical Staffs in fair hearings, appellate reviews to hospital boards, and writ proceedings, as well as substantial experience representing Medical Staffs and hospitals in litigation arising from peer review activity. Our attorneys also serve as neutral hearing officers and arbitrators presiding over peer review hearings.

Medical Leader Education

We regularly host events and participate in our clients’ Medical Staff leader education seminars and provide educational sessions to our clients when issues arise or laws change. See our most recent Medical Staff Leadership Summit agenda.

Litigation Related to the Medical Staff

We have successfully defended lawsuits filed by physicians against hospitals and Medical Staffs alleging denial of fair procedure, violations of Health & Safety Code § 1278.5 whistleblower retaliation, breach of contract, discrimination, and harassment.

Attorneys in our Medical Staff practice group frequently collaborate in Medical Staff litigation matters with colleagues in our Employer Services section to defend lawsuits filed against our health care clients.

Academic Medical Center Medical Staffs

We have experience advising Medical Staffs in academic medical centers and in community hospitals that participate in graduate medical education.

Drawing from this broad and deep experience, we are well positioned to provide strategic legal advice to Medical Staffs on the broad range of issues they confront every day, in addition to representing Medical Staffs in fair hearings and litigation.

Key Contacts

Glenda Zarbock

Partner

Walnut Creek, CA

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