Molleston v. River Oaks Hosp., Inc. — Nov. 2015 (Summary)

Molleston v. River Oaks Hosp., Inc.
No. 2014-CA-00421-COA (Miss. Ct. App. Nov. 10, 2015)

The Mississippi Court of Appeals reversed a decision of a trial court, holding a hospital violated the due process rights of a neurosurgeon by failing to comply with the hospital’s own bylaws during the credentialing process. The neurosurgeon applied for medical staff privileges at the hospital, which were denied by the MEC upon recommendation of the Credentials Committee. The neurosurgeon requested a hearing before the hospital’s Fair Hearing panel, in accordance with the hospital’s bylaws. With regard to the composition of the committee, the hospital bylaws stated, “No Staff member or Board member who has actively participated in the consideration of the adverse recommendation or decision shall be appointed a member of this hearing committee.” However, the chair of the Credentials Committee was appointed to the Fair Hearing panel, where he participated in the panel’s deliberations, vote, and decision. After the Fair Hearing panel and Board both voted to uphold the denial of appointment and privileges, the neurosurgeon brought suit. While the trial court found that the hospital had shown “substantial compliance with its bylaws and procedural due process,” the appeals court disagreed, holding that the hospital failed to provide the neurosurgeon with an opportunity to be heard at a “meaningful time and in a meaningful manner” because the chair of the Credentials Committee served on the Fair Hearing panel.