Maheshwari v. Governing Bd. of Sharp Mem’l Hosp.

Maheshwari v. Governing Bd. of Sharp Mem’l Hosp.,

No. D039509 (Super. Ct. No. GIC771148) (Cal. Ct. App. Apr. 10, 2003)

A
hospital denied a physician’s application based on concerns about the quality
of care he provided at another hospital, and because the physician did not provide
sufficient information along with his medical staff application to allow the
hospital to perform a complete evaluation of his qualifications. The California
Court of Appeal affirmed the judgment of the Hospital Hearing Panel, Governing
Board, and trial court. The court determined that the hospital did not act arbitrarily
and capriciously in denying the physician’s application, because the hospital
attempted to obtain all relevant information before it made a decision on the
application, and it was the physician’s own noncompliance that hindered these
efforts. The court also held that the physician’s refusal to provide the requested
patient information was not justified, and the hospital was within its rights
to consider this lack of cooperation in refusing to grant privileges.