Brandner v. Providence Health & Services - WashingtonAnnotate this Case
Providence Alaska Medical Center terminated Dr. Michael Brandner’s hospital privileges without notice and an opportunity to be heard after determining he had violated hospital policy by failing to report an Alaska State Medical Board order requiring him to undergo an evaluation of his fitness to practice medicine. Brandner unsuccessfully challenged this action through Providence’s internal post-termination hearing and appeal procedures. Brandner then sued in superior court, seeking reinstatement and damages for, in relevant part, alleged due process violations both in the procedures used and in the substantive standard applied in his termination. The superior court ruled that Brandner’s due process rights were not violated, that he was not entitled to reinstatement, and that under federal law Providence was entitled to immunity from his damages claims. After review, the Alaska Supreme Court affirmed the superior court’s decision concerning the substantive standard applied to terminate Brander; he therefore was not entitled to reinstatement or post-termination-hearing damages. But Brandner’s due process rights were violated by the procedures Providence employed because was not given required notice and a hearing prior to the termination of his hospital privileges; the Court therefore reversed the superior court’s decision on the pre-termination notice and hearing claim and its decision that Providence had damages immunity from this claim.