Kaiser Foundation Hospitals v. Superior Court

Opinion

ROME, J.

In this writ proceeding, we are called on to decide whether the failure of a hospital to begin a peer review hearing within the 60-day period provided by subdivision (h) of Business and Professions Code 1 section 809.2 excuses the physician who is subject to peer review from completing the peer review process and permits the physician to bring an immediate tort action for damages and other relief in the superior court. We conclude the answer to that question is “no.” The hospital’s failure to begin the hearing on time, without more, does not render the administrative remedy of…