Peer review is essential for ensuring quality medical care. In the 1980s a
physician-plaintiff prevailed in lawsuit filed against peer reviewers who e
xcluded the physician from a hospital's medical staff. The peer reviewers h
ad acted to preserve their own economic interests. A multimillion-dollar ve
rdict against the peer reviewers destroyed the community's only multispecia
lty practice and received national attention. Congress reacted by passing t
he Health Care Quality Improvement Act that granted sweeping, legal immunit
y for peer reviewers but also created the National Practitioner's Data Bank
. The combination of the establishment of a public repository for physician
s malpractice and medical staff privileging activity in combination with th
e near complete legal protection of peer reviewers has converted peer revie
w from an evaluative to a punitive process. The peer review process and the
laws that govern it should be reformed to regain its ability to improve an
d assure quality without being a, threat to physicians. (C) 2001 Excerpta M
edica, Inc. All rights reserved.