June 5, 2013
Tomorrow morning, the Supreme Court will file its opinion in El-Attar v. Hollywood Presbyterian Medical Center. The case, argued in April, presents the issues: (1) Could the executive committee of the hospital medical staff delegate to the hospital governing board its authority to select the hearing officer and the physician members of the peer review panel to hear a physician’s challenge to the governing board’s denial of his application for reappointment to the hospital medical staff? (2) If the hospital by-laws did not permit this procedure, was the peer review panel selected by the governing board “improperly constituted,” requiring a new peer review procedure conducted by a new hearing panel selected by the executive committee? [Disclosure: Horvitz & Levy represents Hollywood Presbyterian Medical Center in this case.]
The opinion can be viewed online tomorrow beginning at 10:00 a.m.