Commentary: The case of Poliner v. Texas Health Systems

Fear of litigious reprisal may deter potential peer reviewers from participation in the medical peer review process. The federal Health Care Quality Improvement Act of 1986, as elucidated in Poliner v. Texas Health Systems, encourages effective peer review by conferring immunity on peer reviewers, so long as they ensure adequate due process. The American Psychiatric Association's "Procedures for Handling Complaints of Unethical Conduct " offers a system for peer review that promotes improvements in quality of care, fairness to respondent physicians, and protection for peer reviewers.