Medical Staff of Sharp Mem’l Hosp. v. Super. Ct. of San Diego County

Medical Staff – Summary Suspension

Medical Staff of Sharp Mem’l Hosp. v. Super. Ct.
of San Diego County, No. D043178 (Cal. Ct. App. July 30, 2004)

The California Court of Appeals found that a hospital acted properly when
it suspended the privileges of a physician whose mental health was deteriorating.
More importantly, the court held that the overriding goal of the peer review
process is protection of the public. Therefore, although physicians’ due process
rights are important, they are subordinate to the needs of public safety.

The physician in this case suffered several traumatic events during the few
years preceding her suspension, including the dissolution of her marriage,
severe mental illness of her son, and personal bankruptcy. The extreme emotional
distress caused her to lapse into depression, which eventually affected her
personal and professional life. The hospital received several complaints about
the physician’s mental stability and professional performance.

Although the physician was cooperating with the hospital and medical staff’s
Wellbeing Committee, it was determined that an immediate suspension of the
physician’s privileges was necessary to protect patients. The physician eventually
sued, arguing that the hospital should have taken less drastic steps to protect
patients, especially since she was cooperating with her rehabilitation. The
court of appeals disagreed, and held that the court was required to defer to
the hospital’s judgment so long as the Medical Executive Committee had any
basis upon which to conclude that the doctor represented an imminent threat
to patients. Finding ample evidence showing the physician’s instability, the
court held in favor of the hospital.