McNair v. Pasadena Hospital Assn., Ltd.

Opinion

MARGOLIS, J.

*

In this appeal we are asked to decide whether the rule enunciated in

Westlake Community Hosp.

v.

Superior Court

(1976) 17 Cal.3d 465 [131 Cal.Rptr. 90, 551 P.2d 410], (sometimes referred to as

Westlake)

that upon the termination by a hospital of a doctor's staff privileges, the doctor may not sue the hospital or the indi

[843]

viduals who were involved in the decision in tort without first having the action of the hospital overturned in a mandamus proceeding is applicable where, as here, less than a complete termination of privileges is imposed. We have found no authority which deals squarely with this question.

Appellant (sometimes called McNair) is a cardiologist who was on the staff of respondent hospital (sometimes called Huntington). His primary activity was to perform heart catheterizations. In late 1976, he was informed that an investigation was to be made of his performance at the hospital. Hearings were conducted respecting specific cases of McNair’s care and treatment of patients.

Ultimately, the hospital ordered that there be:

1. A prospective audit of appellant’s charts for a period of six months;

2. A six-month retrospective audit of McNair’s charts to evaluate the quality of his history-taking and physical examinations; and

3. Observation of McNair’s performance for six months by a doctor selected by McNair from a group of four doctors.

McNair resisted this order at further hearings conducted by the executive committee of the medical staff, the conference committee of the medical staff, and an appellate review committee of the governing body of the hospital. He was represented throughout by counsel.