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August 15, 2007

Detroit Medical Center's peer review of doctor challenged in court

A veteran obstetrician claims that the Detroit Medical Center stripped him of his hospital privileges in retaliation for testifying against the center's hospitals and its doctors in malpractice cases. The hospital system denies the allegations of Dr. Michael Berke, but admits that his testimony in those cases was among the complaints lodged against Berke before a panel of DMC doctors in March which revoked permission for him to practice medicine in DMC hospitals. The Detroit case is one of several around the country in which hospital "peer reviews" of doctors have come under fire. Among the issues is whether a 1986 law to protect patients, the federal Health Care Quality Improvement Act, instead helps hospitals get rid of doctors who criticize patient care. The act generally grants immunity to hospitals and doctors involved in peer review discipline. Berke, 62, though still able to run an office practice, is unable to deliver babies or perform other operations without his hospital privileges. "This case has negatively affected my professional and personal life in many ways, but the greatest impact right now is on my availability to my patients," he said.

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