Letsch v. Northern San Diego County Hospital District

COUGHLIN, J.

Petitioners Letsch and Reynolds are licensed medical doctors, the former being a specialist in radiology and the latter a general practitioner; are members of the staff of Palomar Memorial Hospital; claim their right to practice medicine has been interfered with unlawfully by the action of the defendants, the hospital district and its board of directors operating the Palomar Memorial Hospital; and seek writs of mandate directing defendants to permit them to use the hospital facilities without interference.

The controversy stems from the action of the board in operating the radiology department of the hospital under the closed staff method. Prior to February 11, 1963, petitioner Letsch and a doctor named Benz, by agreement with the board, acted

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as the hospital’s radiologists. On that date the board termi ■ nated its agreement with Letsch. Subsequently, on March 11, 1963, the board and Benz executed an agreement in writing by virtue of which the latter became the sole hospital radiologist. Under the method adopted Letsch was not permitted to use the facilities or personnel of the radiology department. He attacks the action of the board in the premises as an unlawful interference with his right to practice medicine as a radiologist in the hospital. Reynolds attacks the action of the board as an unlawful interference with his right to select the radiologist of his choice for his patients. By their petitions, in substance, each sought to require the district to permit Letsch to use the radiology department facilities and personnel without the restraints imposed by the closed staff method of operation.

The court found, and its findings in the premises are supported by substantial evidence, that at all times the equipment and other facilities of the radiology department were owned by the district; all personnel, except the hospital radiologist, were employees of the district; all expenses of the department were paid by the district; billings for all radiological services to patients were made by the district; the department was under the supervision of a licensed physician by agreement with the district under which he was compensated for his professional services computed upon a percentage of the gross billings to patients amounting to 30 percent of such billings, enjoyed the exclusive right to use or direct the use of the radiological personnel, equipment and supplies, performed radiological procedures requested by members of the medical staff, reported his findings to the admitting physician, and made a written report of each case processed by the department on the form that became a part of the patient’s medical record; the policy established and maintained by the district in the use of the radiology department permitted consultation by members of the medical staff specializing in radiology with admitting physicians, and the making of a written report of the consultation on forms supplied by the hospital which became a part of the patient’s medical record, provided that the fees charged for such consultation services should be billed directly by the consulting radiologist to the patient, and further provided that the consulting radiologist obtain consent of the hospital radiologist for the use of hospital radiological equipment for the conduct of fluoroscopic or other procedures; the radiology department of the hospital