Brown v. Presbyterian Health Care Services:
a.    HCQIA says you cannot have a person on the committee trying a physician if the person is a competitor of the physician on trial.
b.    Dr. Williams is a competitor of Dr. Brown and performed a peer review of three of her patients.  Dr. Brown was required to consult with specialists before performing medical care.
c.    A complaint was filed that Dr. Brown did not abide by the consultation agreement.  The committee instituted formal proceedings to hear the complaint.   The committee found that she had breached the agreement to obtain consultation and removed her privileges.  Dr. Brown sued for the removal of her privileges.
d.    The court held that the defendant hospital was not immune from private damage claims under the HCQIA.  The act held that a peer review participant is immune from private damage claims stemming from a peer review action if: (lists several factors).
(1)    Dr. Lindley testified on behalf that Dr. Williams didn’t have enough information and there was not a reasonable basis for removing Dr. Brown’s privileges.  That violated the fourth factor listed under the HCQIA saying that the peer review has made reasonable effort to obtain facts concerning the violations.