Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Retaliation Against Physicians - David Stoltzman, M.D.

Eisenhower v. Stoltzman
(medical staffs are separate and self-governing)

Issue: This case involved a decision by Eisenhower Memorial Hospitalís Board of Trustees to refuse to recognize the officer chosen by the medical staff to lead the medical staff in the performance of its professional work. The Boardís action was based on a bylaw provision which purported to grant the Board unchecked power to decide who can and cannot be chief of staff. On September 6, 1989, the CMA filed an amicus curiae brief with the California Court of Appeal (4th Dist.), arguing that medical staffs must be separate and self-governing, and thus must have the right to choose their own representatives, as this issue is at the center of the question of self-governance.

Outcome: This case was settled in favor of the medical staff and is not published.