Violation Of Hospital’s Bylaws In Denying Staff Privileges To Doctor “Not Material.”

 A hospital made the decision to deny application for reappointment of a doctor to the hospital’s medical staff. The doctor filed an administrative writ petition in the superior court, which was denied by the trial court. The Court of Appeal reversed the trial court’s decision, finding the hospital’s bylaws precluded the Medical Executive Board from delegating its authority to select the participants in the hospital’s judicial review hearing. The California Supreme Court granted review in order to determine whether the delegation of by the hospital’s Medical Executive Committee to the hospital’s governing board the decision of selecting a hearing officer deprived the doctor of a fair hearing. The high court observed that a hospital’s decision to deny a physician staff privileges may have a significant effect on the physician’s ability to practice medicine, and for that reason, the physician is entitled to certain procedural protections. In reversing the judgment of the Court of Appeal, the Supreme Court stated: “We conclude that even if such a delegation violated Hospital’s bylaws, the violation was not material and, by itself, did not deprive Dr. El-Attar of a fair hearing.” El-Attar v. Hollywood Presbyterian Medical Center (Cal. Sup. Ct.; June 6, 2013) 56 Cal.4th 976, [301 P.3d 1146].