Wins

Court of Appeal Finds Physician Failed to Exhaust Administrative Remedies in Medical Peer Review Matter

A physician brought administrative mandamus proceedings seeking to overturn a medical peer review determination that upheld the summary suspension of his medical staff privileges.  His mandamus arguments, however, challenged a different decision than what the parties had agreed the peer review hearing committee would decide—the decision to continue the suspension, rather than the initial decision to impose the suspension.  Represented by GMSR, the hospital argued that the physician had failed to exhaust his administrative remedies to challenge this second decision.  The Court of Appeal agreed and dismissed the case for lack of jurisdiction.

See the Court of Appeal Opinion.