Moelleken v. Jones (Summary)

PRIVILEGES THAT CROSS SPECIALTY LINES

Moelleken v. Jones, 2d Civil No. B242545 (Cal. Ct. App. Oct. 1, 2013)

The Court of Appeal of California refused to grant a new trial for a physician and his medical group in a lawsuit they brought against a hospital that decided not to establish a specific call panel for emergency room patients needing spinal surgery, thereby leaving those patients to be treated by the trauma call physicians (neurosurgeons) and excluding the possibility that those patients would be referred to orthopedic spine surgeons.

The physician (an orthopedic spine surgeon) and his group alleged that the hospital and neurosurgery group unlawfully conspired to restrain trade in violation of the antitrust laws and engaged in unfair business practices under state law.  At trial, the jury returned a verdict in favor of the hospital and neurosurgeons on the antitrust claims and the judge rendered a verdict in favor of the hospital and neurosurgeons on the unfair business practice claim.  The physician and group appealed, arguing that the court inappropriately excluded testimony of two of their witnesses and failed to address improper statements made by a juror and by the hospital’s counsel.

The appellate court upheld the trial court’s procedural conclusions and affirmed the decision not to grant a new trial. Perhaps more importantly, in reciting the facts of the case, the appellate court noted the many steps taken by the hospital to decide whether to create a spinal call panel, including refusing to blindly follow an orthopedic department vote to allow orthopedic spine surgeons to participate in a call panel for spinal patients, establishing a task force not controlled by orthopedic surgeons or neurosurgeons to decide whether a separate call panel would be appropriate, and disregarding the neurosurgeons’ threats to renegotiate their call agreement if orthopedic surgeons were added to the call list.  These are exactly the type of procedures we recommend when managing clinical privileges that cross specialty lines.  Learn how to manage tough clinical privileging like this at The Complete Course for Medical Staff Leaders or The Credentialing Clinic.