PHYSICIAN IN
CREDENTIALING ACTION NOT ENTITLED TO RELIEF AFTER HOSPITAL AMENDS BY-LAWS
In Unnamed Physician v. Board of Trustees
of St. Agnes Medical Center (2001) 01 CDOS 9441, an investigation by a
hospital’s medical executive committee of a physician’s high infection rate
resulted in the restriction of the physician’s hospital privileges. The
physician requested a hearing and argued that the decision should be set
aside because the notice of the charges was inadequate and that the medical
staff by-laws did not comply with the requirements under statute.
The Fifth Appellate District held that the
hearing should proceed because the hospital amended its by-laws to comply
with statute and provided a second notice detailing the charges made.
Thus, claims that a medical executive
committee failed to provide adequate notice or that the staff by-laws are
unlawful in credentialing actions may not result in the dismissal of charges
if the alleged defects in notice and defective by-laws can be remedied.
