 |
U.S. Court: Let Bylaws be Bylaws |
The U.S. Court of Appeals delivered a victory to professional organizations which discipline their members according to established procedures and guidelines. In Austin v. AANS, the U.S. Court of Appeals upheld a Circuit Court ruling against a neurosurgeon who sued the American Association of Neurological Surgeons, after they conducted a peer review hearing and temporarily suspended him for "negligent" expert witness testimony. Dr. Austin alleged that he suffered economic damages as a result of his suspension, and that the AANS conducted the peer review in retaliation for his testifying as a plaintiff's expert witness in a medical malpractice case.
Dr. Austin appealed the Circuit Court's decision, but the U.S. Court of Appeals ruled against him, declaring that he had not proven that the AANS acted in bad faith against him or any other expert witness in the hire of plaintiff attorneys. According to the Court of Appeals, the AANS gave Dr. Austin a fair hearing and complied with their own procedural rules regarding peer review and member discipline.
The U.S. Court of Appeals affirms the obligation of professional organizations to uphold the standards of their profession. This is especially critical when the organizations involved are medical societies, since their membership plays such an important role in defining standards of quality medical care for patients.