I. Introduction

You have asked us to review applicable law to determine (i) the extent to which hospitals and physicians may be liable for the denial of privileges to perform specific procedures based on factors other than the demonstrated experience, training, and competency of the physician in question; and (ii) the extent to which physicians may be liable for jointly determining either to refuse support or backup for family physicians or otherwise to exclude family physicians from practice.

We understand that your inquiry results, at least in part, from concerns over the denial of privileges for specific procedures and refusals by physicians in certain specialties to provide backup to family physicians in appropriate circumstances. These concerns have arisen most frequently in the context of obstetrics, but also are present in other procedures which are within the scope of a family physician’s practice.