Rao v. Wash. Township Health Care Dist. (Summary)

PEER REVIEW/REVOCATION

Rao v. Wash. Township Health Care Dist., No. A134623 (Cal. Ct. App. June 28, 2013)

The California Court of Appeal reversed and remanded a lower court’s decision, with instructions that a hospital provide a surgeon the opportunity to argue whether the peer review action was justified.  After an investigation and a hearing, the hospital board revoked his staff membership and privileges. The appellate court held that the board violated the surgeon’s due process right by revoking his privileges following a hearing panel’s recommendation for less severe discipline.  The court ruled that the surgeon was not provided proper notice or the opportunity to respond to the prospect of revocation.