Professional Review

Weinberg v. Cedars-Sinai Med. Ctr., No. B167180 (Cal. App. May 28, 2004)

The Court of Appeals for the Second District of California rejected the arguments of the physician-plaintiff that the Board of the defendant hospital exceeded its statutory authority when it rejected the MEC's recommendation that the physician's privileges not be terminated. The court held that the physician was mistaken in his claim that the Board failed to accord "great weight" to the recommendations of the hearing panel and the MEC and that, in any case, the Board was entitled to exercise its own judgment, after giving due weight to the hearing committee's findings. The court also rejected the physician's claims that the Board had a conflict of interest and that the chief of staff's report to the Board regarding the MEC's recommendation constituted improper ex parte communication.