Rosner v. Eden Township Hospital District

GIBSON, C. J.

Dr. Rosner, a physician and surgeon who specializes in thoracic surgery and is licensed to practice in California, appeals from a judgment denying his petition for a writ of mandate to compel his admission to membership on the medical staff of Eden Hospital, which is maintained by the Eden Township Hospital District, a governmental entity functioning under The Local Hospital District Law. (Health & Saf. Code, §§ 32000 et seq.)

The board of directors of Eden Township Hospital District based its exclusion of Dr. Rosner on the grounds that he was “not temperamentally suitable for hospital staff practice,” that he was not worthy in professional ethics, and that he was not worthy in character. ' It was stipulated that “moral character” and “competence” with respect to “education, skill, and experience” were not in issue. In view of this

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stipulation the determination of unworthiness of character was outside the issues; moreover, it finds no support in the evidence.

With respect to temperamental suitability, the board found that Dr. Rosner was “unable to get along with” the chief of surgery at City of Hope Hospital, had “unpleasantries” at Patton State Hospital, was “unable to get along at” Bella Vista Hospital, had “trouble” or was “unable to get along with” anesthesiologists at two other hospitals, had disputes with his superiors at Corona Naval Hospital, and was “unable to get along with” the medical staff at Levine Hospital of Hayward.

Dr. Rosner had been accorded privileges in approximately 40 hospitals, and the record shows that in several of the hospitals there was friction resulting from disagreements as to treatment of patients, criticisms made by him to hospital officials of certain personnel and practices, or misunderstandings relating to his position and powers. Insofar as the merits of the controversies occurring at those hospitals can be determined from the record before us, Dr. Rosner appears in a more favorable light than the other medical personnel involved.

The evidence relating to the Levine Hospital, where he was employed immediately prior to applying for membership at Eden Hospital, may be summarized as follows: The Levine Hospital is owned by Drs. Samuel and Julius Levine, the latter of whom was also at one time chairman of the board of directors of Eden Hospital. About six months after Dr. Rosner came to Levine Hospital he told Dr. Samuel Levine that a nurse-anesthetist who had assisted him in an operation was incompetent, and Dr. Levine replied that she was highly recommended. Two days later a baby died as a result of an anesthetic given by the nurse, and Dr. Rosner stated to the Levines that the surgeon was responsible because he was in charge of the operation and that the Levines were also responsible because they had been informed that the nurse was incompetent. Subsequently Dr. Rosner, in reviewing the record of the operation, said to one of the Levines that the record “on its face” showed malpractice.