Rosenblit

Rosenblit v. Superior Court

Bad Law
1991 Cal. App. LEXIS 761·231 Cal. App. 3d 1434·282 Cal. Rptr. 819·91 Daily Journal DAR 7975·91 Cal. Daily Op. Serv. 5230
Court of Appeal of CaliforniaJune 28, 1991G008913California5,196 words

Opinion

Opinion

Wallin, J.

Dr. Paul D. Rosenblit appeals the denial of his petition for a writ of mandate to compel Fountain Valley Regional Hospital and Medical Center (Hospital) to reinstate his medical staff membership and clinical privileges. The trial court specifically rejected the doctor’s claim he was denied a fair hearing. However, the California Medical Association (CMA) filed a compelling amicus curiae brief urging us to remand the case to the superior court to grant the petition and direct Hospital to afford Rosenblit a fair procedure. Having independently reviewed the fairness of the administrative proceedings as a question of law, we agree with CMA and reverse.

Dr. Paul Rosenblit, an endocrinologist, obtained medical staff privileges at Hospital in 1986. He subscribes to a method for managing diabetes which is different from the approach used by his colleagues on staff at Hospital. In June 1987 one of Ms patients died, triggering a review by a Hospital committee. In August, Rosenblit was informed that he would be proctored on all of Ms admissions and consultations purportedly because there were problems with Ms fluid and diabetic management in some cases.

On January 28, 1988, a…

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