Board of Medical Quality Assurance v. Hazel Hawkins Memorial Hospital

The Division of Medical Quality of the Board of Medical Quality Assurance appeals from an order of the San Benito County Superior Court denying its petition to compel respondents, Hazel Hawkins Memorial Hospital and its administrator, Thomas J. Harn, to produce hospital records pertaining to four unnamed patients. We reverse.

Facts

Appellant, the Division of Medical Quality, is responsible for reviewing the quality of the medical practice in the State of California, and instituting, if necessary, disciplinary actions against physicians and surgeons. (§ 2004.)

As required by section 805, respondent hospital reported to appellant that it had revoked the clinical and admitting privileges of Dr. B. on February 20, 1980. This “805” report listed the following six reasons for the action: (1) In the past three years, there had been three separate cases of “inappropriate medical care,” and as a result of one of them in October of 1977, Dr. B. lost his privileges to attend patients in the intensive care and coronary care units; (2) in November of 1977, Dr. B.’s emergency room privileges were withdrawn; (3) in January of 1979, his privileges in surgery, obstetrics and medicine…