California Supreme Court

Osamah El-Attar, Plaintiff and Appellant v. Hollywood Presbyterian Medical Center, Defendant and Respondent

June 6, 201356 Cal. 4th 976

Summary

The court held that, even assuming the hospital's bylaws prohibited the Medical Executive Committee from delegating appointment of the hearing officer and review panel, that deviation did not by itself deny the physician a fair hearing. Judicial relief requires a material procedural violation that caused unfairness, such as inadequate notice or an opportunity to be heard before impartial decision makers. The court reversed the Court of Appeal and remanded for consideration of the physician's unresolved claims of actual bias and other procedural defects.