El-Attar v. Hollywood Presbyterian Med. Ctr.Annotate this Case
Doctor applied for reappointment to Hospital's medical staff. Hospital denied the application. Doctor requested a review hearing to challenge the decision. Under Hospital's bylaws, Hospital's Medical Executive Committee (MEC) was responsible for selecting the hearing officer and panel members that would hear Doctor's claim. However, the MEC declined to exercise its authority, leaving the responsibility to Hospital's Governing Board. After a hearing, the Judicial Review Committee (JRC) concluded that the Governing Board's decision to deny Doctor's application for reappointment was reasonable. The Governing Board subsequently ordered that Doctor be terminated from the medical staff. Doctor filed an administrative mandate petition, asserting, among other claims, that he had been denied a fair proceeding because the Governing Board, rather than the MEC, had chosen the members of the JRC for his judicial review hearing. The court of appeal held that Doctor had been deprived of his right to a fair procedure and was entitled to a new judicial review hearing. The Supreme Court reversed, holding that the court of appeals incorrectly concluded that the MEC's delegation of the power to select the participants in the JRC was a material violation of Hospital's bylaws. Remanded.