How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88351
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Can a city hospital in NYC not give privileges to someone with

Customer Question

Can a city hospital in NYC not give privileges to someone with a clean malpractice record, overwhelmingly positive recommendations but one negative letter(from a previous adversary who was not even listed as a reference) For 6 months, the hospital has given me no reason for delay and has stated that one letter was negative.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, the granting of privileges is not mandatory at any hospital and under NY law there is no law requiring any hospital (city, state or private) to grant privileges. If you have reason to believe that the negative letter contains known false information about you, then you have two different recourses.

First, you have a right to submit a written appeal to the director at the hospital who determines privilege status and explain the situation to the director and the committee and ask them to reconsider your application for status at the facility.

Second, if the negative letter contains known false information about you, then you have a right to file suit against the person who wrote the letter for defamation/slander/libel and seek damages against the person who wrote the letter.

Aside from these two actions, you cannot sue the hospital to force them to grant you privileges unless you can prove the sole reason for the denial was based on your age/race/sex/disability/national origin/religion. The hospital can only be legally liable for the decision to not grant privileges for unlawful discrimination.




Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking or you would like more information or you want to supply me with additional information to help you, please respond with the specific question you wanted answered using REPLY to EXPERT.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be researching your answer or working with other customers or I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.

If the application is denied, the denial will then need to be reported to subsequent hospitals and more likely will then become the basis for denial from other hospitals. How can you get the hospital to define the reason for delaying or denying privileges so that an otherwise good neurosurgeon is not labeled and impeded in hospital after hospital? Citing confidentiality doesnt preclude a hospital for giving an explanation (its been nearly six months and no response). Some references listed state that they have not even been called (lack of due diligence). A vendetta can keep me from gaining privileges?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I understand that the denial can impact other privilege applications from other hospitals, which is why I raised the potential defamation/slander/libel issue.

The NY law does not mandate they give any reason as there is no law stating that they have to have good cause or any cause at all for denying privileges. The only legal grounds a court will get involved in would be based on defamation or based on the unlawfully discriminatory reasons I mentioned above Thus, all you can do is ask the hospital in writing to respond with their grounds. Confidentiality is not a reason not to tell you their reasons, they can, however, have an internal policy to not disclose reasons for denials. Furthermore, as there are no laws governing this, how they conduct their reviews of references is up to the hospital I am afraid.

Sadly, yes, just like a vendetta can keep you from getting a job, so can one stop you from getting privileges. However, if that vendetta is based on known false statements, then this is where the suit for defamation/libel comes in to seek your damages, which in this case can be substantial based on the significant harm this can do to your career.
Customer: replied 1 year ago.

If the hospital does not share the reason and does not show you the file , how can you respond or alleviate there concern? How do you know that others before you have not been granted privileges in a similar situation? What if due diligence was not conducted and can be proven? How do you know, in fact, that the hospital is not discriminating?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

This is like every other employment application, many times applicants never know why they were denied a job. Similarly, as there is no law mandating disclosure here or even that they had to conduct any further investigation before you are denied or accepted, you are in a very bad situation with very limited recourse.

Just like an employer, it is very difficult to prove unlawful discrimination, which is evident when you look at the number of discrimination complaints made in employment law compared to the number of claims that are successful in favor of the plaintiff, which is about 5% +/-. The only way you will know if there is unlawful discrimination is if you know others denied and it shows a pattern based on some particular protected status or if someone gives you information regarding discriminatory reasons for your denial.

This is why I said, write your appeal, since you have evidently a good idea of who wrote a negative letter and thus you know how to attack that and argue it is full of false and defamatory statements. You thus need to just attack the situation based on what you believe the problem is between the two of you and make your case as best you can.

If you sue for defamation, then you can subpoena the letter from the hospital and they must turn it over and then you know what it states.
Customer: replied 1 year ago.

BTW, for seven years of practice, I have never been denied privilges and for the first time with a clean record I am being delayed and potentially denied. Can the hospital share the letter or its content with me without a lawsuit? Even if you sue the individual for defamation , is the hospital obligated under NY state to release the letter if they are subpoened or can they cite confidentiality?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I can understand your frustration and also agree with you that this is not fair, but I have to give you the legal side of this and not the personal feelings side of this as I do not want you going off based on personal feelings.

The hospital is not prohibited by law from sharing the letter if they choose, but again, if they refuse then a lawsuit is the only way to force disclosure.
Customer: replied 1 year ago.

Does the NY hospital risk being sued by the individual who wrote the defamatory letter if the hospital shows me the letter since the individual asked to keep it confidential and anonymous?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for that question.

As they have no legal duty to keep it confidential, they could not be held liable to the writer for disclosing it either. So he could not sue them for disclosing the letter, because in order to sue for that he has to prove they had some legally imposed or contractual duty to keep it confidential.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88351
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Is there a potential criminal component when someone writes a false and slanderous letter to the credentialing committee? Does it matter if the slanderous letter is from someone associated with a federally funded university or a private practice associated with federal programs i.e Medicare/Medicaid

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

I am afraid that defamation is a civil matter, not a criminal matter. This is something that is purely addressed in the civil court and the fact that federal programs are involved or not is not considered, it is simply a defamation claim that is causing you harm.
Customer: replied 1 year ago.

If the individuals work for a university, are they not accountable to the university or to professional organiaztions (medical board, specialty board, hospital ethics committee) when they slander?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. The law states that this is not a criminal matter, so he boards and the university or ethics committed do not get involved, you file suit in civil court against them and you seek monetary damages from the person who filed the false statements.
Customer: replied 1 year ago.

What if the nature of the slander is a form of discrimination? Aren't universities obligated to abide by federal civil rights laws?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

When you state discrimination, in order for it to be actionable discrimination, you have to prove it is based only on your age/race/sex/disability/national origin and for no other reason. If the comments against you were based only on your age/race/sex/disability/national origin, then you can file a complaint not just against the hospital for denying you based on those grounds, but against the individual with the university. To this point you have not given any information that would lead me to believe that this is based only on your age/race/sex/disability/national origin (which was actually mentioned above).

Discrimination occurs all of the time and all discrimination is not illegal, it is only discrimination based only on your age/race/sex/disability/national origin that is illegal and can be sued over.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.