Patel v. Shah

MEDICAL STAFF BYLAWS

Patel v. Shah, No. G033741 (Cal. Ct. App. Dec. 17, 2004)

The California Court of Appeal upheld a lower court ruling ordering a hospital
and its medical staff to install a physician as president of the medical
staff, finding that the medical executive committee had no right to overturn
the valid election that won the physician the presidency by a vote of 38
to 37.

The physician’s opponent challenged the election, arguing that the election
committee had erred in destroying six votes that were deemed disqualified.
The medical executive committee agreed with the challenge and ordered a re-vote,
which resulted in a win for the opponent. The physician who won the original
election sued, seeking a mandate directing the hospital to install him as president.

The trial court granted the mandate and the opponent appealed. The appellate
court noted that the Medical Staff Bylaws gave the election committee authority
to count the ballots based on the language in the bylaws. Accordingly, the
court held that the election committee’s determination regarding which ballots
should be counted, and which should be disqualified, should be given deference.
The court went on to state that the medical executive committee had no authority
to review the election committee’s determination on those matters. Therefore,
the court held that the original election was valid and the re-vote was improper.
Accordingly, it upheld the mandate, ordering the hospital to install the physician
elected in the original vote as president.