California court finds physician was denied fair hearing

A judge has ordered a hospital to void a disciplinary action taken against the doctor.

By Damon Adams, AMNews staff. Aug. 22/29, 2005.

A court victory for a California doctor is likely to encourage other physicians to try to clear their disciplinary records if they did not receive proper peer review, the doctor's attorney said.

A judge issued a preliminary injunction ordering Marin General Hospital in Greenbrae, Calif., to void a disciplinary action against Lizellen La Follette, MD, whose privileges were restricted by the hospital without a required peer review hearing.

At press time, mediation was scheduled this month to try to settle the case, said Charles Bond, the doctor's attorney. Bond said the case sets a precedent that courts are willing to void discipline against doctors who are not given a proper hearing.

"It is important for all doctors to require due process in the medical staff proceedings," Bond said. "Any doctor could be wrongly accused. If denied due process, they would never have an opportunity to vindicate themselves or protect their reputation among colleagues."

A Marin General Hospital spokeswoman would not comment, saying the hospital does not discuss cases in litigation.

In May and June 2004, according to the judge's ruling, the hospital became concerned about Dr. La Follette's involvement in two cesarean section surgeries. One baby later died, and the parents filed a wrongful death lawsuit against the hospital. That suit is pending. Bond would not discuss details of the incidents, citing the confidentiality of peer review.

After an investigation, the hospital imposed the restriction that Dr. La Follette's obstetrics cases be observed by another ob-gyn for six months, records show. The restriction was imposed on July 2, 2004, and that August, Dr. La Follette asked for a hearing to contest the discipline.