McNair

In this appeal we are asked to decide whether the rule enunciated in Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 [ 131 Cal.Rptr. 90 , 551 P.2d 410 ], (sometimes referred to as Westlake) that upon the termination by a hospital of a doctor's staff privileges, the doctor may not sue the hospital or the indi viduals who were involved in the decision in tort without first having the action of the hospital overturned in a mandamus proceeding is applicable where, as here, less than a complete termination of privileges is imposed. We have found no authority which deals squarely with this question.

Appellant (sometimes called McNair) is a cardiologist who was on the staff of respondent hospital (sometimes called Huntington). His primary activity was to perform heart catheterizations. In late 1976, he was informed that an investigation was to be made of his performance at the hospital. Hearings were conducted respecting specific cases of McNair’s care and treatment of patients.

Ultimately, the hospital ordered that there be:

McNair resisted this order at further hearings conducted by the executive committee of the medical staff, the conference committee of…