Legal Opinion · Dissent

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D.

West Virginia Supreme Court

Decided November 13, 2017No. 16-0834Published

1DissentLoughry, Chief Justice

With just a few strokes of the keyboard, the majority carelessly gutted a long-standing and well-established holding of this Court that gave hospitals a wide berth in granting or denying privileges or staff appointments. Nearly twenty-seven years ago, this Court ruled without equivocation:

The decision of a private hospital to revoke, suspend, restrict or to refuse to renew the staff appointment or clinical privileges of a medical staff member is subject to limited judicial review to ensure that there was substantial compliance with the hospital's medical staff bylaws governing such a…

2Cases cited20 opinions

  1. Elvira Pamintuan, M. D. v. Nanticoke Memorial HospitalCourt of Appeals for the Third Circuit · 1999
  2. Adkins v. Sarah Bush Lincoln Health CenterIllinois Supreme Court · 1989
  3. Shulman v. Washington Hospital CenterDistrict Court, District of Columbia · 1963
  4. Gianetti v. Norwalk HospitalSupreme Court of Connecticut · 1989
  5. Fahlen v. Sutter Central Valley HospitalsCalifornia Supreme Court · 2014

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