Egan v. St. Anthony's Med. Ctr., No. SC 88493 (Mo. Feb. 5, 2008)
The Supreme Court of Missouri held that even though staffing decisions are generally within the discretion of a hospital's governing body, a decision could be subject to judicial review if the hospital failed to comply with its own medical staff bylaws. The case arose after a hearing panel recommended the revocation of a physician's privileges to practice at the hospital. The physician appealed the hearing panel's findings to an appellate committee, which ultimately adopted the recommendation to revoke his privileges. However, while the hospital's bylaws stated that the appellate committee's decision had to be based solely on the record from the hearing, the physician alleged that new testimony concerning his clinical competence had been presented to the appellate committee. The physician filed an injunction action seeking a new hearing that complied with the hospital's bylaws and the court obliged, adopting a limited exception to the general rule that the staffing decisions of a private hospital are not subject to judicial oversight.