Pepple v. Parkview Memorial Hospital, Inc.

The majority holds that an arbitrary and capricious decision by a private hospital to curtail a physician’s staff privileges is not subject to judicial review. I respectfully dissent.

At least one Indiana case, Kennedy v. St. Joseph Memorial Hospital of Kokomo, Indiana, Inc. (1985) 1st Dist. Ind.App., 482 N.E.2d 268, has appeared to apply a standard which permits review of private hospital action for arbitrariness or capriciousness. I disagree with footnote 3 of the majority opinion here insofar as it suggests that the Kennedy case applied the standard to a public hospital.

I believe it…