Pisharodi v. Andrews (Summary)

MEDICAL STAFF HEARING – INJUNCTIVE RELIEF

Pisharodi v. Andrews, No. 13-13-00027-CV (Tex. App. Aug. 8, 2013)

The Court of Appeals of Texas affirmed the denial of a physician’s request for a temporary restraining order (“TRO”) and temporary injunction against a hospital CEO individually and in her professional capacity, finding that the physician failed to provide any evidence of a probable, imminent and irreparable injury if the relief was not granted while he awaited a hearing regarding discipline, suspension, or termination.

The physician had asked the hospital’s medical executive committee to review the care provided by another physician at the hospital; however, as a result of that review, the medical executive committee made an adverse recommendation involving the plaintiff’s appointment and privileges.  The physician requested a fair hearing and then less than two weeks prior to the start of the hearing, sought an injunction in order to prepare.  While the lower court initially granted the TRO, it was later dissolved, which the appellate court found to be appropriate.