Fine v. Children Hosp. Los Angeles,
No. B151868, Super. Ct. No. BS066520 (Cal. Ct. App. Aug. 29, 2002)
An
anesthesiologist challenged a hospital's recommendation that he be denied membership
on the medical staff, and the subsequent denial of his participation in the
hospital's pediatric anesthesia fellowship program. He filed a writ of mandate
to compel the hospital to appoint him to the medical staff and to admit him
to the residency program. The lower court refused the writ. The California Court
of Appeal affirmed, finding substantial evidence to support the conclusion of
the medical staff committees that the physician failed to demonstrate the necessary
competence to perform on the hospital's medical staff.
The court further ruled that the physician had received adequate notice of the charges against him and that the medical staff hearing procedures were fair.