Mileikowsky v. Tenet Healthsystem

MEDICAL STAFF HEARINGS

Mileikowsky v. Tenet Healthsystem,
No. BS079131 (Cal. Ct. App. Apr. 18, 2005)

The California Court of Appeal upheld
a hearing officer’s decision to terminate a medical staff hearing due to the
repeated misconduct of the physician who requested the hearing. The court noted
the physician’s repeated failure to comply with the hearing officer’s rulings:
the physician was frequently late for proceedings, failed to produce his exhibits
in advance of the hearing and then attempted to introduce exhibits into evidence
despite his noncompliance, attempted to raise procedural issues before the
hearing committee despite being informed that all procedural matters were to
be brought before the hearing officer, engaged in ex parte contact with the
hearing committee, argued with and yelled at the hearing officer, and degraded
witnesses, among other things. Ultimately, the court held that the hearing
officer, by virtue of his duty to rule on matters of procedure, had the right
to terminate the hearing even though the Bylaws did not give him that specific
right. In addition, in light of the extensive evidence of the physician’s disruption
and the hearing officer’s repeated, unsuccessful attempts to sanction the physician,
the court held that the hearing officer did not act unreasonably in imposing
the ultimate sanction – termination
of the proceedings.