Walborn v. UHHS/CSAHS-Cuyahoga, Inc. — June 2003 (Summary)

Walborn v. UHHS/CSAHS-Cuyahoga, Inc.
No. CV-02-479572 (C.P. Ohio, Cuyahoga County June 16, 2003)

When a hospital revised its credentialing policy to allow it to deny privileges to a physician who had a “material conflict of interest” or a “material financial relationship” with a competing hospital, the physicians brought suit. The hospital defended its policy by stating that it was necessary for the long-term viability of its organization.

According to the court, clinical privileges cannot be denied solely on the basis of a physician’s certification or licensure, although a hospital board does have discretion when determining the criteria of selection for physicians as long as criteria are reasonable and non-discriminatory. The court held that this policy change was a reasonable means of protecting the hospital’s viability. The court declined to grant the physicians’ request for injunctive relief.