Smith v. Selma Community Hospital

Opinion

DAWSON, J.

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals. Smith invoked the next stage of the peer review process by requesting a formal hearing. The judicial review committee sat as a trier of fact at that hearing. It found that the SCH medical executive committee had not shown by a preponderance of the evidence that its recommendation was “reasonable and warranted” as required by SCH bylaws and Business and Professions Code section 809.3, subdivision (b)(3).

1

SCH appealed the decision to its governing board. The governing board reversed, concluding that, among other things, the judicial review committee was obligated to accept as true the findings of the Hanford hospitals.

Smith challenged the governing board’s decision by filing a petition for writ of mandate. The superior court granted Smith’s petition, reversed the governing board, and directed SCH to reinstate the judicial review committee’s decision in favor of Smith.

Based on our independent review of the governing board’s decision, we conclude that it erroneously decided a number of questions of law prior to reversing the judicial review committee’s decision. First, the governing board misinterpreted that decision in a number of respects. For example, it wrongly concluded that the judicial review committee did not make the findings of fact required by the bylaws. Second, it erred in concluding that the judicial review committee considered irrelevant and inappropriate evidence. Third, it erred in concluding that the judicial review committee was obligated to accept as true the findings of the Hanford hospitals. Fourth, it misapplied the substantial evidence rule.

[1482]

As a result of these errors, the final decision of the governing board must be overturned and the decision of the judicial review committee reinstated. The superior court reached the same conclusion and its judgment will be affirmed.

We emphasize that this decision does not stand for the proposition that an acute care hospital may never rely solely on the results of peer review proceedings at another hospital when reaching a decision to terminate a physician’s privileges and staff membership. In that regard, we only uphold the judicial review committee’s finding that, in the circumstances of this case, the results of peer review proceedings at the other hospitals were not enough.