Sharda v. Sunrise Hosp. and Med. Ctr., LLC — Oct. 2016 (Summary)

MEDICAL STAFF HEARING/FOURTEENTH AMENDMENT

Sharda v. Sunrise Hosp. and Med. Ctr., LLC
No. 2:16-CV-2233 JCM (GWF) (D. Nev. Oct. 26, 2016)

The United States District Court for the District of Nevada denied a physician’s motion for a temporary restraining order and preliminary injunction related to the suspension of his clinical privileges by a hospital.  The physician alleged that his procedural due process and Fourteenth Amendment rights were violated by the hospital “not scheduling a hearing with respect to the denial of his request for reinstatement of clinical privileges.”  According to the physician, he was entitled to a hearing under the hospital’s medical staff bylaws.  The court denied his motion, concluding that the hospital was not a state actor as required to demonstrate a violation of the Fourteenth Amendment.  Since his claim would not succeed on the merits because of this, there were no grounds for granting a temporary restraining order and preliminary injunction.