California Court of Appeal

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Mileikowsky v. West Hills Hosp. Med. Ctr., B186238

Denial of petition for writ of mandate challenging decision of respondent-hospital's hearing officer to deny plaintiff staff privileges is reversed, with directions, where the decision to prematurely terminate the hearing should have been made by the trier of fact and not the hearing officer. Reversal is made over respondents' claims that: 1) the court of appeal should ignore the action taken by the hearing officer and address only the final action taken by the governing board; 2) the premature termination of the hearing was warranted as the decision served the interests of the peer review process; 3) the hearing officer is disqualified from serving in such capacity; and 4)appellant is entitled to injunctive relief that reinstates his privileges until and if it has been determined in a peer review proceeding that his privileges were properly terminated. (Opinion following rehearing).

Appellate Information

  • Decided 08/27/2007
  • Published 08/27/2007

Judges

  • FLIER, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Spiegel Liao & Kagay, Charles M. Kagay, San Francisco;  Law Offices of Paul M. Hittelman and Paul Hittelman, Los Angeles, for Plaintiff and Appellant.

  • For Appellees:
  • Fenigstein & Kaufman, Ron S. Kaufman and Nina B. Ries, Los Angeles, for Defendants and Respondents.
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