Hyhaw v. St. Francisco Medical Center Executive Committee CA2/1

Filed 6/30/14 Hyhaw v. St. Francisco Medical Center Executive Committee CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

CLARENCE M. HYSHAW, B249424

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. TS014552) v.

SAINT FRANCIS MEDICAL CENTER MEDICAL EXECUTIVE COMMITTEE et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. William P. Barry, Judge. Affirmed. ______ Peterson, Bradford, Burkwitz, George E. Peterson; and Wayne J. King for Plaintiff and Appellant. Van Hall Law Office, Suzanne F. van Hall; Horgan, Rosen, Beckham & Coren, and Richard A. McDonald for Defendants and Respondents. ______

Dr. Clarence M. Hyshaw petitioned the superior court for a writ of administrative mandate, seeking to overturn a hospital’s determination that he did not qualify for reinstatement following a leave of absence. The superior court dismissed the petition on the ground that Hyshaw failed to exhaust his administrative remedies. Hyshaw appeals, and we affirm. BACKGROUND Hyshaw is a licensed physician who completed his residency in neurosurgery in 1980. He was admitted to the staff of St. Francis Medical Center (the Hospital) in the 1980s. In 2009, the Hospital’s Medical Executive Committee (the Committee) identified certain concerns regarding Hyshaw’s professional performance. After an unfavorable initial evaluation by the Physician Assessment and Clinical Evaluation Program at the University of California, San Diego Medical Center, the Hospital’s chief of staff offered Hyshaw two options: take a temporary leave of absence or be summarily suspended. Hyshaw chose to take a temporary leave of absence. Hyshaw subsequently sought reinstatement, and the Committee denied his request on March 10, 2010. Hyshaw requested a hearing before a “judicial review committee,” and the hearing was conducted on September 19, November 15, and December 21, 2011. The judicial review committee issued its written decision on January 11, 2012. The decision stated that the judicial review committee unanimously concluded that the Committee’s denial of Hyshaw’s request for reinstatement was “reasonable and warranted.” The decision further stated that “[w]ithin 15 days of receipt of the [judicial review committee’s] decision,” Hyshaw could “request appellate review by the Board of Directors of the hospital.” Hyshaw timely requested appellate review. By letter to Hyshaw dated March 29, 2012, the hearing officer for the appeal confirmed that the appeal would be heard on April 23, 2012. The same letter informed Hyshaw that his opening brief was due April 6, 2012.