... is for good men to do nothing.
Retaliation Against Physicians - Paul D. Rosenblit, MDRosenblit v. Fountain Valley Regional Hospital and Medical Center
(ruled that physician was denied a fair hearing concerning medical staff privileges)
Issue: This case involved a physician who sought to compel a hospital to reinstate his medical staff membership and clinical privileges. On November 6, 1990, the CMA filed an amicus curiae brief with the California Court of Appeal Brief to point out how the procedure afforded Dr. Rosenblit violated fair hearing requirements. The CMA also gave reasons why the record in this case did not permit effective judicial review under the substantial evidence test. Finally, the CMA stressed that the ramifications of this case went far beyond the parties and ultimately would have a bearing on the quality of care enjoyed by the people of California. On August 30, 1991, the CMA filed a letter with the California Supreme Court in opposing the hospitalís/hospital associationís petition for review/request for depublication. This letter stated that the appellate opinion was a correct statement of law and a reminder that gross unfairness in peer review hearings would not be tolerated.
Outcome: The Court of Appeal agreed with CMA and ruled that the physician was denied a fair hearing. The California Supreme Court denied the petition for review. The appellate opinion can be found at Rosenblit v. Superior Court (Fountain Valley Regional Hosp. & Med. Ctr.) (1991) 231 Cal.App.3d 1434, 282 Cal.Rptr. 819, review denied Sept. 19, 1991.