Florida case puts medical staff self-governance under fire
After a hospital medical staff renewed a physician's privileges, trustees at the Florida hospital moved to push out the 15-year veteran by refusing the renew his privileges because they claimed their own investigation found deficiencies in his patient care and that he exhibited "disruptive behavior."
The physician sued the hospital, asking that his privileges be renewed because he and the hospital were bound by the medical staff bylaws, under which he was found suitable for recredentialing. The doctor—Anil Desai, MD—also maintains the fair hearing procedure the hospital offered was not contemplated under the medical staff bylaws and he, consequently, was not obligated to accept the hearing.
Now, in a case that will have an impact on medical staff self-governance, the Florida Supreme Court will decide whether the physician has to accept the trustee's hearing. In such a hearing, the physician would have to defend himself against the hospital's claims—claims that medical staff recredentialing committee and the medical executive committee members reconsidered after the hospital's accusations and found them factually unconvincing.
The Litigation Center of the American Medical Association and State Medical Societies in March joined with the Florida Medical Association in filing a friend-of-the-court brief (PDF) with the state's high court in the case (PDF), Desai v. Lawnwood Medical Center. The Litigation Center brief argues that Lawnwood Medical Center violated Dr. Desai's contractual rights and Florida law by refusing to renew his staff privileges without following the peer-review procedures outlined in the medical staff bylaws.
