California Court of Appeal

Trial court's denial of plaintiff's petition for writ of mandate to compel the reinstatement of his privileges following his termination of medical staff membership and hospital privileges is affirmed where: 1) defendant's bylaws gave the Board the authority to exercise its own independent judgment as to penalty and it properly exercised that power in this case; 2) the Board did not violate plaintiff's fair procedure rights or the peer review statutes by imposing a disposition more severe than that initially recommended by the Medical Executive Committee or by basing its decision on ethical issues identified during the peer review process; and 3) federal regulations do not preclude the result in this case.

Appellate Information

• Decided 04/22/2010
• Published 04/22/2010

Judges

• NEEDHAM, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Moscone, Emblidge & Quadra, G. Scott Emblidge and Rachel J. Sater, for Petitioner and Appellant., Law Office of Jeffrey C. Grass and Jeffrey C. Grass, for Semmelweis Society International, Inc. as Amicus Curiae on behalf of Petitioner and Appellant.


• For Appellees:
  
• Manatt, Phelps & Phillips, Barry S. Landsberg, Doreen W. Shenfeld and Joanna S. McCallum, for Respondent.