Mason v. Central Suffolk Hosp.

Mason v. Central Suffolk
Hosp.,
No. 2002-06464 (N.Y. App. Div. May 1, 2003)

The New York Supreme Court Appellate Division reversed an order of the Supreme
Court, and granted the defendant hospital’s motion to dismiss a physician’s
complaint against it. The Appeals Court held that the physician’s causes of
action to recover damages for breach of contract and tortious interference with
contract were based on the medical staff bylaws of the hospital. While medical
staff bylaws qualify as the foundation for such claims, the court held that
the physician was damaged by the revocation of his privilege to perform laparoscopic
procedures, not by the alleged violation of one or more of the hospital’s unspecified
bylaws.

In addition, the court ordered that no claim to recover damages at common
law arises from a hospital’s wrongful denial of staff privileges. To remedy
such a wrong, a physician is limited to an action for an injunction under the
Public Health Law. Accordingly, where the claim of a violation of the bylaws
is secondary and the gravamen of the physician’s complaint is the suspension
of his privileges, the physician’s causes of action alleging breach of contract
and tortious interference with that contract are barred.