Tiholiz

Appeal taken from the denial of a writ of administrative mandate (Code Civ. Proc., § 1094.5). Petitioner Ivan C. Tiholiz, M.D., sought the writ to compel respondent Northridge Hospital Foundation to set aside the suspension imposed on petitioner’s practice of medicine and surgery at the hospital for 120 days, commencing February 23, 1976, and ending June 19, 1976. We affirm the judgment rendered below.

Facts

There appears to be no dispute about the events which occasioned respondent to invoke the disciplinary procedures set forth in its “Medical Staff Bylaws” (hereinafter Bylaws). On October 11, 1975, a young patient named Barham was admitted to respondent hospital’s emergency room for treatment of head and knee injuries sustained in an automobile accident. Barham was first seen by emergency room personnel at 3 a.m., and was subsequently placed on respondent’s pediatrics ward after the personnel had consulted with Barham’s physician, petitioner Tiholiz. During the patient’s two-day stay at the hospital, petitioner did not see him, although he approved his discharge by telephone.

Petitioner’s failure to examine and care for his patient personally was regarded by…