Editorial
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World J Gastroenterol. Jun 7, 2014; 20(21): 6357-6363
Published online Jun 7, 2014. doi: 10.3748/wjg.v20.i21.6357
Clinical peer review in the United States: History, legal development and subsequent abuse
Dinesh Vyas, Ahmed E Hozain
Dinesh Vyas, Ahmed E Hozain, Department of Surgery, College of Human Medicine, Michigan State University, Lansing, MI 48912, United States
Author contributions: Vyas D and Hozain AE contributed equally to this work, who designed research, analyzed data, and wrote the paper.
Correspondence to: Dinesh Vyas, MD, MS, FICS, Department of Surgery, College of Human Medicine, Michigan State University, 1200 East Michigan Avenue, Suite 655, Lansing, MI 48912, United States. dinesh.vyas@hc.msu.edu
Telephone: +1-517-2672460 Fax: +1-517-2672488
Received: September 5, 2013
Revised: November 1, 2013
Accepted: April 1, 2014
Published online: June 7, 2014
Abstract

The Joint Commission on Accreditation requires hospitals to conduct peer review to retain accreditation. Despite the intended purpose of improving quality medical care, the peer review process has suffered several setbacks throughout its tenure. In the 1980s, abuse of peer review for personal economic interest led to a highly publicized multimillion-dollar verdict by the United States Supreme Court against the perpetrating physicians and hospital. The verdict led to decreased physician participation for fear of possible litigation. Believing that peer review was critical to quality medical care, Congress subsequently enacted the Health Care Quality Improvement Act (HCQIA) granting comprehensive legal immunity for peer reviewers to increase participation. While serving its intended goal, HCQIA has also granted peer reviewers significant immunity likely emboldening abuses resulting in Sham Peer Reviews. While legal reform of HCQIA is necessary to reduce sham peer reviews, further measures including the need for standardization of the peer review process alongside external organizational monitoring are critical to improving peer review and reducing the prevalence of sham peer reviews.

Keywords: Peer review, Medical malpractice, Healthcare

Core tip: This article will highlight progress and drawbacks of the current clinician’s peer review system prevailing in the United States.