38 42 U.S.C. § 11112(a)(3). 39 42 U.S.C. § 11112(a)(3). 40 Cowell also appears to argue that Russell was unaware of the second HC’s findings. But the second HC’s report was issued on December 29, 2006. Russell voted to terminate Cowell’s privileges at the MEC’s August 7, 2006, meeting. 41 See Morgan, 101 Wn. App at 773 (“[T]he fact that varying review committees differed on its conclusions does not undermine the fairness of the procedures.”); cf. Singh, 308 F.3d at 41 (“The reversal of a peer review committee’s recommendation of an adverse professional review action by a higher level peer review panel does not indicate that the initial recommendation was made without a reasonable belief that the recommendation would further quality health care.”); Austin, 979 F.2d at 735 (<HOLDING>). 42 See Morgan, 101 Wn. App. at 772 n.4
recognizing confidentiality essential to function of medical peer review committees and to improvement of health care and protecting the records of such committees from discovery holding that the medical review panel is authorized to review the medical records and other submitted material pertaining to each defendants treatment of a patient and that while a medical malpractice plaintiff must as a prerequisite to filing suit present the  proposed complaint for review and expert opinion by a medical review panel there is no requirement for such plaintiff to fully explicate and provide the particulars or legal contentions regarding the claim holding that reversal of a medical executive committees recommendation by a judicial review committee failed to establish that the defendants did not have a reasonable belief that the suspension was warranted holding that malpractice was not a jury issue where there was a lack of medical evidence that the defendants alleged failure to correctly diagnose was due to the fact that he failed to use care skill and diligence ordinarily possessed and exercised by members of the medical community cited in the committee comment for uji 131115 holding that the court will review the report and recommendation for clear error