Ghanem v. Presbyterian Intercommunity Hosp.,
No. B149840 (Cal. Ct. App. May 19, 2003)

A California appeals court affirmed a lower court's ruling denying a physician's medical staff reappointment at a private hospital. Pursuant to a conditional reappointment agreement, the physician agreed to attend CME courses, and not engage in specified acts of disruptive behavior. The physician requested a formal hearing on a recommendation that his privileges be revoked for failing to comply with the terms of the agreement. The physician challenged the peer review committee's findings, arguing he was not given a fair hearing and the evidence used against him was inadmissible hearsay. The court held that the hearings conducted did not prejudice the physician and the evidence was admissible both under the government code and hospital bylaws.