Citations
- 231 Cal. App. 3d 1434
Full opinion text
Opinion
WALLIN, J.
Dr. Paul D. Rosenblit appeals the denial of his petition for a writ of mandate to compel Fountain Valley Regional Hospital and Medical Center (Hospital) to reinstate his medical staff membership and clinical privileges. The trial court specifically rejected the doctor’s claim he was denied a fair hearing. However, the California Medical Association (CMA) filed a compelling amicus curiae brief urging us to remand the case to the superior court to grant the petition and direct Hospital to afford Rosenblit a fair procedure. Having independently reviewed the fairness of the administrative proceedings as a question of law, we agree with CMA and reverse.
Dr. Paul Rosenblit, an endocrinologist, obtained medical staff privileges at Hospital in 1986. He subscribes to a method for managing diabetes which is different from the approach used by his colleagues on staff at Hospital. In June 1987 one of Ms patients died, triggering a review by a Hospital committee. In August, Rosenblit was informed that he would be proctored on all of Ms admissions and consultations purportedly because there were problems with Ms fluid and diabetic management in some cases.
On January 28, 1988, a newly appointed executive committee of Hospital staff summarily suspended Rosenblit’s staff privileges “due to poor clinical judgment and violation of Medical Staff Bylaws regarding providing coverage for the care of patients when not available.” By letter dated February 2, Hospital provided Rosenblit a list of 30 charts “wMch were reviewed and found to have problems in one or more of the following: a) fluid management b) diabetic management c) clinical judgment.” Rosenblit made a timely request for a review hearing under Hospital bylaws.
On February 16, Hospital notified Rosenblit the hearing had been scheduled for March 9 and legal counsel would not be allowed. By letters dated February 17 and February 22, Rosenblit, tMough counsel, requested a more complete statement of the charges, including the specific acts or omissions alleged, as required by Hospital bylaws. He also demanded: A list of the proposed members of the review committee to enable Mm to prepare questions to uncover any conflict or bias; a list of witnesses; copies of all medical charts and records for Ms own and Ms experts’ review; and a postponement of the hearing because of the inadequacy of the notice of the alleged misconduct. Rosenblit, also through counsel, objected to the denial of the right to have Ms attorney present at the review hearing and to the composition of the hearing panel.
On February 25, Hospital insisted Rosenblit had been given adequate notice of the charges and was not entitled to approve the members of the hearing panel. Hospital rejected the request for a postponement without a proper showing of good cause. Rosenblit’s lawyer’s tMrd letter to Hospital reflects the tone of the proceedings at these early stages: “I have read with interest your letter of February 25, 1988. Your knowledge of the law applicable to the rights of a physician in peer review is obviously limited. That observation is at best kind. I would strongly suggest that you consult with your hospital counsel before addressing any further legal issues. [ID A list of the proposed members of the Judicial Review Committee shall be provided before we proceed in this matter. Your bylaws are not controlling when we are dealing with the procedural due process rights of Dr. Rosenblit. Your interpretation is of no value. It is the court’s application of the law which dictates the procedure and process in these matters. Each physician, including you, has the right to challenge the make-up of his jury. If you violate this basic right then the proceeding is void ab initio. [