California Court of Appeal

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Smith v. Selma Cmty. Hosp., F050816

In a matter concerning the termination of doctor-plaintiff's medical staff membership and hospital privileges, grant of doctor's petition for writ of mandate reinstating a judicial review committee's decision in his favor is affirmed where, in reversing the committee's decision, the governing board: 1) wrongly concluded that the judicial review committee did not make the findings of fact required by the bylaws; 2) erred in concluding that the judicial review committee considered irrelevant and inappropriate evidence; 3) erred in concluding that the judicial review committee was obligated to accept as true the findings of two other hospitals that terminated doctor-plaintiff's privileges; and 4) misapplied the substantial evidence rule.

Appellate Information

  • Decided 07/21/2008
  • Published 07/21/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • McCormick, Barstow, Sheppard, Wayte & Carruth, Lawrence T. Wayte and Jerry D. Casheros, Fresno, for Defendant and Appellant., Andrews & Hensleigh, Barbara J. Hensleigh, Los Angeles, and John J. Aumer, Sherman Oaks, for Plaintiff and Respondent.
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