Tate v. Univ. Med. Ctr. of S. Nev. — June 2015 (Summary)

MEDICAL STAFF HEARING

Tate v. Univ. Med. Ctr. of S. Nev.
No. 13-15736 (9th Cir. June 22, 2015)

The United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a ruling by a district court dismissing a negligence claim made by a physician and granting a medical center summary judgment on a breach of contract claim. The litigation arose after the termination of the physician’s medical staff membership and clinical privileges. The court determined that the district court correctly dismissed the physician’s negligence claim because the Nevada statutes used as a basis for the claim were not violated. However, the court determined that the breach of contract claims were improperly dismissed because there was a material issue of fact as to whether the physician voluntarily resigned or whether his medical staff appointment was terminated in which case he was entitled to a hearing under the medical staff bylaws.