Clinical peer review in the United States: History, legal development and subsequent abuse

Table 1 Congressional reasons for law enactment

The increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual state

There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician’s previous damaging or incompetent performance

This nationwide problem can be remedied through effective professional peer review

The threat of private money damage liability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from participating in effective professional peer review

There is an overriding national need to provide incentive and protection for physicians engaging in effective professional peer review