Hyshaw v. Saint Francis Med. Ctr. Med. Exec. Comm. (Summary)

MEDICAL STAFF DUE PROCESS

Hyshaw v. Saint Francis Med. Ctr. Med. Exec. Comm., B249424 (Cal. Ct. App. June 30, 2014)

A California Court of Appeal upheld a lower court’s decision dismissing a neurosurgeon’s request to overturn a hospital’s determination that he did not qualify for reinstatement following a leave of absence, holding that a court will not review a hospital’s determination unless the aggrieved physician has properly exhausted his administrative remedies. The hospital’s medical executive committee found certain issues regarding the neurosurgeon’s professional performance. The Chief of Staff offered the physician two options: take a temporary leave of absence or be suspended. The neurosurgeon chose to take a temporary leave of absence.

He eventually sought reinstatement, but the hospital’s medical executive committee denied his request. As per the medical staff bylaws, the neurosurgeon sought review of this decision by a “judicial review committee,” and the review committee ultimately upheld the medical executive committee’s decision. The neurosurgeon again sought appellate review of this decision by the hospital’s Board of Directors, pursuant to the medical staff bylaws. However, after the neurosurgeon received confirmation that his appeal would be heard by the Board, the neurosurgeon failed to file his brief in a timely manner. The Board affirmed the medical executive committee’s decision and the neurosurgeon brought this action requesting the court to overturn the hospital’s decision not to reinstatement him.

The court of appeal affirmed the lower court’s holding that proper exhaustion of administrative remedies is a prerequisite to judicial relief and, because the neurosurgeon did not properly file a brief with the Board of Directors, pursuant to the medical staff bylaws, his claim was barred.