Doctor v. LifePoint Hosps., Inc. — May 2016 (Summary)

REVOCATION OF PRIVILEGES — TRO

Doctor v. LifePoint Hosps., Inc.
No. 2015 CA 0979 (La. Ct. App. May 12, 2016)

After being reinstated from a summary suspension, an OB/GYN’s privileges were revoked when new concerns arose which violated the probationary conditions that were put on his practice.

After receiving a hearing and appeal, the OB/GYN filed for a temporary restraining order (“TRO”) enjoining the hospital from revoking his clinical privileges and making an adverse report to a third party or agency, which was initially granted and later reversed by the trial court.

The hospital then suspended the OB/GYN’s clinical privileges and medical staff membership and the OB/GYN appealed. The court of appeals denied the hospital’s motion to dismiss the OB/GYN’s appeal as moot, holding that the reporting to third parties and agencies was not a “one-time event” and the suspension was for “no less than one year,” presenting a justiciable controversy.

The court of appeals went on to affirm the judgment of the trial court, finding that the trial court did not error when it refused to allow the physician to present evidence from three other physicians, noting that two of those physicians’ testimony was in the Hearing Committee Report provided to the trial court judge and the other physician was not affiliated with the hospital in any way.  The court of appeals also agreed with the trial court that evidence that other physicians violated the same rule was irrelevant and inadmissible. The court of appeals rejected the physician’s argument that he should have been granted a fair hearing when the conditions for reinstatement were imposed, noting he agreed to the conditions. Additionally, the OB/GYN was not able to show the trial court he would have likely succeeded on the merits, as the MEC decision was “made after a reasonable effort to obtain the facts and after affording [the physician] adequate notice and hearing procedures.”