U.S. Code » Title 42 » Chapter CHAPTER 117— ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › Subchapter SUBCHAPTER I— PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES

42 U.S.C. § 11113

Payment of reasonable attorneys’ fees and costs in defense of suit

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In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 11112(a) of this title and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief.

Notes of Decisions
Cited in 46 cases (1 in the last 5 years), 1991–2026 · leading case: Moses Muzquiz, Jr., M.D., (94-1088), Cross-Appellee v. W.A. Foote Mem'l Hosp., Inc., (94-1089), (94-1420), 70 F.3d 422 (6th Cir. 1995).
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Moses Muzquiz, Jr., M.D., (94-1088), Cross-Appellee v. W.A. Foote Mem'l Hosp., Inc., (94-1089), (94-1420), 70 F.3d 422 (6th Cir. 1995). · cites it 5× “The Hospital cross-appeals, arguing that this court should assess attorney fees and costs pursuant to the Health Care Quality Improvement Act (“HCQIA”), 42 U.S.C. § 11113 , for this appeal. (No.”
Marx v. Gen. Revenue Corp., 668 F.3d 1174 (10th Cir. 2011). · cites it 2× “§ 1693m(f) (awarding attorney's fees to defendants prevailing over suits "brought in bad faith or for purposes of harassment" in suits over electronic fund transfers); 42 U.S.C. § 11113 (awarding attorney's fee to physician-defendants who defeat claims under "professional…”
Stephen P. Sugarbaker, M. D. v. Ssm Health Care, D/B/A St. Marys Health Ctr., 187 F.3d 853 (8th Cir. 1999). · cites it 3× “See 42 U.S.C. § 11113 (1994). St. Marys’ motion, however, was untimely.”
Dallas Cnty. Med. Soc'y v. Ubiñas-Brache, 68 S.W.3d 31 (Tex. App. 2001). · cites it 2× “The DCMS and the TMA filed a counterclaim to recover attorney’s fees under the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C.A. § 11113 (West 1995), and section 5.”
Smith v. Ricks, 31 F.3d 1478 (9th Cir. 1994). · cites it 4× “The district court also held that Good Samaritan was entitled to reasonable attorneys’ fees and cost pursuant to 42 U.S.C. § 11113 . Furthermore, the district court imposed $2,000 in Rule 11 sanctions against Dr.”
Virmani v. Presbyterian Health Servs. Corp., 488 S.E.2d 284 (N.C. Ct. App. 1997). · cites it 2× “The trial court denied Presbyterian’s claim that it should be awarded attorney’s fees under the Health Care Quality Improvement Act (Act), 42 U.S.C. § 11113 . The issues are (I) whether the termination of Virmani’s privileges was conducted pursuant to section 8.”
Hasmukh Patel, M.D. v. Hamilton Med. Ctr., Inc., 967 F.3d 1190 (11th Cir. 2020). “42 U.S.C. § 11113 . Because Congress tied this provision to the underlying suit, the Medical Center could not “file a coercive action” for attorney’s fees.”
Morgan v. PeaceHealth, Inc., 14 P.3d 773 (Wash. Ct. App. 2000). · cites it 2× “42 U.S.C. § 11113 . We deny attorney fees and costs on appeal to PeaceHealth under RAP 18.”
Jeung v. McKrow, 264 F. Supp. 2d 557 (E.D. Mich. 2003). · cites it 2× “42 U.S.C. § 11113 . A request for attorney fees under this statute invokes the Court’s discretion.”
Union of Needletrades, Indus. & Textile Employees v. United States Immigr. & Naturalization Serv., 202 F. Supp. 2d 265 (S.D.N.Y. 2002). · cites it 2× “§ 470w-4 (National Historic Preservation Act); 42 U.S.C. § 11113 (Health Care Quality Improvement Act); 42 U.”
Cohlmia v. St. John Med. Ctr., 906 F. Supp. 2d 1188 (N.D. Okla. 2012). · cites it 11× “00 in attorney fees as the prevailing party in this action pursuant to the Health Care Quality Improvement Act (“HCQIA”), 42 U.S.C. § 11113 . Cohlmia objected to the Report and Recommendation.”
Morgan v. PeaceHealth, Inc., 101 Wash. App. 750 (Wash. Ct. App. 2000). · cites it 2× “42 U.S.C. § 11113 . We deny attorney fees and costs on appeal to PeaceHealth under RAP 18.”
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