Hernandez v. Overlook Hospital

The majority acknowledges that in a proceeding to terminate a medical resident from a residency for academic reasons a private hospital must provide the resident with a fair procedure. Ante at 81-82, 692 A.2d at 977. According to the majority, the resident’s right to a fair hearing includes the right to representation by a union representative, a peer, another physician, or a professor. Ante at 76-82, 692 A.2d at 974-977. Contrary to the rulings of the lower courts, however, the majority denies the resident the right to representation by counsel. I respectfully dissent.

In my opinion, it is…