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Sham peer review can be one of the most devastating threats facing surgeons today. But it doesn’t have to.
Physician, educator, and coach, Dr. Tracey O'Connell, pulls back the curtain on a reality most surgeons don't see coming until they're already inside it. This conversation is sobering. It is necessary. And it ends with a message of genuine hope: that the surgeon who protects herself, serves her patients, and diversifies her professional identity is also the surgeon who is hardest to destroy.
What Is Peer Review, and What Is Sham Peer Review?
Legitimate peer review is a quality assurance process initiated when a patient, fellow physician, or staff member reports that a physician failed to meet the standard of care or acted improperly. A hospital committee reviews the case, the physician may testify and present evidence, and a determination is made.
Sham peer review is something else entirely. It is the weaponization of that same process for personal, competitive, or political reasons, not to protect patients, but to target a physician. It is used to intimidate, silence, retaliate, and in some cases, end careers.
Sham peer review is defined as “the abuse of a medical peer review process to attack a doctor for personal or other non-medical reasons." Physicians most at risk are those employed by large hospital systems.
How Often Does This Happen?
The honest answer is that precise data is hard to come by, and that itself is part of the problem. Many cases are buried under non-disclosure agreements or never reported because physicians are too isolated, too afraid, or too ashamed to speak.
What we do know
- 56% of U.S. physicians surveyed by Medscape report higher concern that peer review could be misused to punish them for reasons unrelated to the case being reviewed.
- At least 10% of peer review investigations are estimated to be sham peer reviews used to weaponize the process rather than ensure quality care.
- 15% of physicians surveyed in a 2007 AMA investigation indicated awareness of peer review misuse or abuse.
- Hospital disciplinary actions, including suspected sham peer reviews, average 2.5 per year per hospital, according to National Practitioner Data Bank (NPDB) records.
- In Texas alone, 68% of adversely peer-reviewed physicians in 2004 were later adjudicated by the Texas Licensing Board, meaning the reviews were found to be without merit, yet their NPDB reports remain.
The pattern is hard to see because it happens in the confidential, protected setting of hospital committees. But the incidence and severity are increasing.
What You Must Know about the NPDB:
The NPDB was originally created to prevent physicians who had committed dangerous acts from crossing state lines and practicing without consequence. A legitimate and necessary tool, in theory.
In practice, it has become one of the most powerful weapons in a sham peer review.
Key facts Dr. O'Connell wants every surgeon to understand:
- Do not resign while a review is underway. Resignation during an active peer review or Performance Improvement Plan (PIP) can trigger an adverse report to the NPDB and, critically, waives your right to challenge the review. This is one of the most common and devastating mistakes physicians make.
- The only person who can remove an NPDB report is the person or institution that created it. Once reported, removal requires cooperation from the very party that filed it.
- An NPDB report does not have to end your career. This is important. While it can be weaponized as an indicator of incompetence, it is not an automatic career death sentence. Many physicians navigate NPDB reports and continue to practice successfully.
- Get legal representation early. Do not wait. Find an attorney with specific experience in sham peer review and NPDB reporting requirements before the process accelerates.
The Psychological Weight of This Reality:
Dr. O'Connell is direct. This is depressing to know about. It is genuinely sad that the systems designed to protect patients are being turned against the physicians who serve them.
The isolation is real. Physicians under review are often told not to discuss the matter with colleagues. This is a deliberate strategy, and it works. Physicians blame themselves. They question their competence. They feel shame. They feel alone.
Dr. O'Connell's core message: a sham peer review is not a reflection of your worth as a physician or as a person. It is, in many cases, a reflection of institutional politics, competition, and the absence of adequate legal protections for doctors.
We must be able to survive this psychologically and emotionally.
Resources:
Physician Just Equity (PJE)
Founded by Dr. Pringl Miller, MD, FACS, PJE is a 501(c)3 organization of 50 physicians, all of whom have experienced workplace injustice and are dedicated to preserving justice in medicine. PJE offers free, confidential peer support teams for physicians navigating conflicts. They are also collecting data on the nature of workplace conflicts and the career trajectories of physicians after workplace injustice.
Association of American Physicians and Surgeons (AAPS)
1-800-635-1196
Sham Peer Review Hotline: 719-627-7759
AAPS is the only national medical association actively helping physicians fight sham peer review. Their general counsel, Andy Schlafly, has stated plainly: "The biggest misconception about sham peer reviews is a denial of how pervasive they are." AAPS offers free legal consultation for physicians facing a sham peer review.
Dr. Lawrence Huntoon, MD, PhD — AAPS
Dr. Huntoon has run the AAPS sham peer review hotline for over 20 years and is one of the foremost experts on recognizing and combating sham peer review. His resources include:
- Sham Peer Review: Resources for Physicians
- Sham Peer Review: Recognizing Possible Early Warning Signs
Center for Peer Review Justice
A resource for physicians who want to get back to work and avoid expensive legal battles.
Dr. Tracey O'Connell's Writing
- The Sham Peer Review: A Hidden Contributor to the Doctor Shortage — KevinMD, July 2024
- Sham Peer Review: Strategies for Saving Your Career and Soul — KevinMD, October 2024
The surgeon who is most vulnerable to sham peer review is the surgeon whose entire identity, livelihood, and sense of self is housed in one institution, role, and set of privileges. When that is taken away or threatened, everything collapses.
The surgeon who is hardest to destroy is the one who has built differently.
This brings us back to the three essentials of a resilient surgical career:
1. Protect Yourself as the Asset
You are the most valuable instrument in the operating room and in your career. That means investing in your psychological health, your self-concept, and your ability to weather attacks that are not about your competence. Sham peer review is designed to make you question your worth. The surgeon who has done identity work, who knows who she is separate from her title, her privileges, and her outcomes, is the surgeon who survives.
2. Serve the Patients
Staying anchored in your purpose is both a psychological and a strategic act. The surgeon who takes actions genuinely in service to patients, not to institutional approval, compensation, politics, or accolades, is the surgeon who makes clean decisions, communicates clearly, and builds a reputation that outlasts any investigation.
3. Diversify Your Professional Identity
This is the structural protection. A surgeon whose identity and income are entirely dependent on one skillset has no leverage and no safety net. Diversifying through speaking, writing, coaching, consulting, or building an independent practice creates not only financial resilience but psychological resilience. You cannot be completely silenced if you have a platform that doesn't belong to the institution.
The medicolegal, interpersonal, and politically-motivated landmines of a surgical career are real. Sham peer review is one of the most dangerous. The best protection is not legal; it is architectural. Build yourself in a way that no single institution can dismantle.
Dr. O'Connell is a resource for you! Learn more about how she can help you here.