Legal Opinion

Sithian v. Staten Island University Hospital

New York Supreme Court

Decided September 28, 2001PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph J. Maltese, J.

This court awards the defendants statutory costs and attorneys’ fees in these consolidated retaliatory slander actions pursuant to the Health Care Quality Improvement Act of 1986 (HCQIA) found in 42 USC § 11101 et seq.

Facts

The actions arise out of a peer review of Nedunchezian Sithian, M.D. (Dr. Sithian), a vascular surgeon, by Staten Island University Hospital (SIUH). In November of 1993 Dr. Worth, the director of surgery at SIUH, sought an independent outside review of Dr. Sithian’s surgical cases due to a high incidence of morbidity and mortality…

2Cases cited5 opinions

  1. Smith v. RicksCourt of Appeals for the Ninth Circuit · 1994
  2. Guibor v. Manhattan Eye, Ear & Throat Hospital, Inc.New York Court of Appeals · 1978
  3. Cohoes Memorial Hospital v. Department of HealthNew York Court of Appeals · 1979
  4. Austin v. McNamaraDistrict Court, C.D. California · 1990
  5. Sithian v. SpenceAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. Colantonio v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2016
  2. Sithian v. SpenceAppellate Division of the Supreme Court of the State of New York · 2002

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