Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: wagglebee
Do you have ANYTHING that says that a Colorado hospital can remove privileges when no laws are broken or malpractice isn't involved.

Do you have ANYTHING that says they can't?

Hospitals have been known to withdraw hospital privileges.

My understanding from other states is that such people can request hearings when denied privileges. (see below)

I did a quick search, & can get to additional research later...but there was a case making its way to CA Supreme Ct: Gil Mileikowsky v. West Hills Hospital and Medical Center
IN THE SUPREME COURT OF CALIFORNIA GIL N. MILEIKOWSKY, ) ) Plaintiff and Appellant, ) ) S156986 v. ) ) Ct.App. 2/8 B186238 WEST HILLS HOSPITAL AND ) MEDICAL CENTER et al., ) ) Los Angeles County Defendants and Respondents. ) Super. Ct. No. BS091943 )

California’s statutory peer review process, Business and Professions Code section 809 et seq., provides a physician with the right to a hearing for the purpose of reviewing a hospital peer review committee’s recommendation to deny the physician’s application for reappointment to staff privileges. A hearing officer may be appointed to preside at the hearing, but the officer is prohibited by statute from acting as a prosecutor or advocate or from voting on the merits. (Bus. & Prof. Code, § 809.2, subd. (b).) The merits are determined by the trier of fact, often a panel drawn from other of the physician’s peers. (Id., subd. (a).) We conclude the hearing officer lacks authority to prevent a reviewing panel from reviewing the case by dismissing it on his or her own initiative before the hearing has been convened, and also lacks authority to terminate the hearing after it has been convened without first securing the approval of the reviewing panel. We therefore will affirm the judgment of the Court of Appeal.

BACKGROUND

Dr. Gil N. Mileikowsky is a physician and surgeon board certified in obstetrics and gynecology. He had staff privileges to practice gynecology at West Hills Hospital and Medical Center (West Hills), an acute care facility. In May 2001, Dr. Mileikowsky applied for obstetrical privileges at West Hills and for renewal of his gynecological privileges. His applications were reviewed by a peer review committee, which recommended denial.

Source: http://lawzilla.com/blog/2009/08/03/gil-mileikowsky-v-west-hills-hospital-and-medical-center/

131 posted on 05/31/2010 4:35:08 PM PDT by Colofornian
[ Post Reply | Private Reply | To 130 | View Replies ]


To: Colofornian

Refusal to renew IS NOT the same as revocation. Additionally this is talking about peer review which is not the same as the hospital administration.

I would love to be able to hammer this hospital on this, please let me know if you find something saying that the hospital can revoke privileges on religious grounds (and, unfortunately, that is all they have).


132 posted on 05/31/2010 4:44:26 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
[ Post Reply | Private Reply | To 131 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson