Add EMTALA-based language to privileging forms

Language that addresses the EMTALA requirements to assess, stabilize, and determine a patient’s condition can be added to your delineation of privilege forms as applicable to each specialty for which the medical executive committee has established call coverage requirements. The language can simply be stated as follows: “Assess, stabilize, and determine disposition of patients with emergent conditions consistent with medical staff policy regarding emergency and consultative call services.”

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The California Court of Appeals, Fourth Appellate District (the "Court"), affirmed a superior court's judgment that a hospital and several physicians being sued could not invoke the anti-SLAPP (strategic lawsuit against public participation) statute because most of the defendant's claims did not arise from protected activities. Additionally, even with the defendant's claims that did arise from protected peer review activity, the Court noted that he still had a probability of succeeding.