Legal Opinion

Westlake Community Hospital v. Superior Court

California Supreme Court

Decided July 6, 1976No. L.A. 30504PublishedCited by 195 opinions

Paul Caruso and James Alie for Real Party in Interest.

1Opinion of the Court

Opinion

TOBRINER, J.—

Recent California decisions establish that before a public or private hospital may deny a doctor the right to practice his profession at that hospital, either by the termination of existing staff privileges or by the denial of an initial application for such privileges, the hospital must provide a fair procedure which affords the doctor an opportunity to answer the “charges” upon which his exclusion rests. (See, e.g., Pinsker v. Pacific Coast Society of Orthodontists (1974) 12 Cal.3d 541 [116 Cal.Rptr. 245, 526 P.2d 253]; Ascherman v. San Francisco Medical Society (1974)…

2Cases cited30 opinions

  1. Tunkl v. Regents of University of CaliforniaCalifornia Supreme Court · 1963
  2. Petermann v. International Brotherhood of Teamsters, Local 396California Court of Appeal · 1959
  3. Albertson v. RaboffCalifornia Supreme Court · 1956
  4. Jaffe v. StoneCalifornia Supreme Court · 1941
  5. Gene Detroy v. American Guild of Variety Artists, Joey Adams, as Its President and Joe Smith, as Its TreasurerCourt of Appeals for the Second Circuit · 1961

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3Cited by195 opinions

  1. Jehan Zeb Mir, M.D. v. Little Company of Mary HospitalCourt of Appeals for the Ninth Circuit · 1988
  2. Schifando v. City of Los AngelesCalifornia Supreme Court · 2003
  3. Pacific Gas & Electric Co. v. Bear Stearns & Co.California Supreme Court · 1990
  4. Rojo v. KligerCalifornia Supreme Court · 1990
  5. Farmers Insurance Exchange v. Superior CourtCalifornia Supreme Court · 1992

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