Lowrey v. Fairfield Med. Ctr. (Summary)

FAILURE TO EXHAUST ADMINISTRATIVE REMEDY

Lowrey v. Fairfield Med. Ctr., No. 08 CA 85 (Ohio Ct. App. Aug. 28, 2009)

After a physician’s medical staff privileges were suspended, he signed a Settlement Agreement providing that he could reapply for privileges. After his application for reappointment was denied, he first requested a hearing, but before the hearing could be held, he withdrew his request for a hearing and filed a lawsuit alleging that the hospital breached the Settlement Agreement by failing to consider his application for medical staff appointment and clinical privileges on the same basis as any other physician applying for medical staff appointment. The Ohio Court of Appeals found that, by withdrawing his request for a hearing, he failed to exhaust his administrative remedies and dismissed the breach of agreement claim. The Court of Appeals also held that the hospital’s failure to object to, move to strike, or otherwise respond to a motion he filed with the trial court, which had certain peer review documents attached to it, did not constitute the hospital’s waiver of any peer review privilege.