Section 20-9-1313 - Remedy(a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in: (1) The circuit court of the county in which the professional review activity occurred; or(2) The circuit court of an adjoining county.(b)(1) After receiving a petition, the court shall review the record of the professional review activities and professional review action.(2) The record shall consist of:(A) The transcripts and minutes of any meetings or hearings;(C) Internal and external reviews; and(D) All other relevant information pertaining to the matter before the professional review body.(3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record.(4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record.(5) The court may hear, upon request, oral arguments and receive written briefs.(6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection.(c) Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter.(d)(1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court.(2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11113, as existing on January 1, 2017.(e) Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity.(f)(1) The remedies provided for in this section do not supplant any other remedy available under law to a physician.(2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.Added by Act 2017, No. 975,§ 7, eff. 4/7/2017.