Mileikowsky v. West Hills Hosp.
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Filed 6/17/09 IN THE SUPREME COURT OF CALIFORNIA GIL N. MILEIKOWSKY, ) ) Plaintiff and Appellant, ) ) v. ) ) WEST HILLS HOSPITAL AND ) MEDICAL CENTER et al., ) ) Defendants and Respondents. ) ___________________________________ ) S156986 Ct.App. 2/8 B186238 Los Angeles County Super. Ct. No. BS091943 MODIFICATION OF OPINION THE COURT: The opinion herein, appearing at 45 Cal.4th 1259, is modified as follows: 1. The text of footnote 4 appearing in 45 Cal.4th at page 1268 is deleted in its entirety and the following text substituted: The cited section is part of the Health Care Quality Improvement Act of 1986, title 42 United States Code section 11101 et seq., enacted to respond to a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician s previous damaging or incompetent performance (42 U.S.C. § 11101(2)). 2. The last sentence appearing in 45 Cal.4th at page 1275 is deleted and the following sentence substituted: And, as decisions relating to clinical privileges are generally the province of a hospital s peer review bodies and not its governing body (but see § 809.05, subds. (b) & (c)), West Hills s governing board similarly lacked the authority to ratify the order of dismissal. This modification does not affect the judgment.
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