Supreme Court of California

In an action involving professional disciplinary hearings, judgment of the Court of Appeals is affirmed where: 1) the hearing officer of the hospital peer reviewing panel lacked the authority under Business and Professions Code section 809 to prevent the reviewing panel from reviewing the case by dismissing it on his own initiative before the hearing had been convened; and 2) the hearing officer lacked the authority to terminate the hearing after it has been convened without first securing the approval of the reviewing panel.

Appellate Information

• Decided 04/06/2009
• Published 04/06/2009

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

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., Davis, Cowell & Bowe and Andrew J. Kahn, San Francisco, for Union of American Physicians and Dentists as Amicus Curiae on behalf of Plaintiff and Appellant., Center for Constitutional Litigation, Valerie Nannery, Washington, DC;  The Arkin Law Firm and Sharon J. Arkin, Los Angeles, for American Association for Justice, Association of American Physicians & Surgeons, Consumer Attorneys of California, The E-Accountability Foundation, Government Accountability Project, Health Administration Responsibility Project, Inc., Health CarePatient Advocates, Legal Affairs Council, The Liberty Coalition, National Whistleblower Center, No Fear Coalition, OSC Watch, Semmelweis Society International and U.S. Bill of Rights Foundation as Amici Curiae on behalf of Plaintiff and Appellant., Francisco J. Silva and Astrid G. Meghrigian, San Francisco, for American Medical Association and California Medical Association as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Horvitz & Levy, David S. Ettinger, H. Thomas Watson, Encino;  Fenigstein & Kaufman, Ron S. Kaufman and Nina B. Ries, Los Angeles, for Defendants and Respondents., Manatt, Phelps & Phillips, Barry S. Landsberg and Terri D. Keville, Los Angeles, for Catholic Healthcare West and Tenet Healthcare Corporation as Amici Curiae on behalf of Defendants and Respondents., Arent Fox, Lowell C. Brown, Los Angeles, and Patricia M. Kosich for Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., and The Southern California Permanente Medical Group as Amici Curiae on behalf of Defendants and Respondents., Lois Richardson, Sacramento;  Arent Fox, Lowell C. Brown, Los Angeles, and Patricia M. Kosich for California Hospital Association as Amicus Curiae on behalf of Defendants and Respondents., Van Hall Law Offices and Suzanne F. Van Hall, Evergreen, CO, as Amici Curiae on behalf of Defendants and Respondents., Ware Law Group and Kimberly Ware, Emeryville, as Amici Curiae on behalf of Defendants and Respondents.