Smith v. Selma Community Hospital

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals. Smith invoked the next stage of the peer review process by requesting a formal hearing. The judicial review committee sat as a trier of fact at that hearing. It found that the SCH medical executive committee had not shown by a preponderance of the evidence that its recommendation was “reasonable and warranted” as required by SCH bylaws and Business and Professions Code section 809.3, subdivision (b)(3). SCH appealed the decision to its governing board. The governing board reversed, concluding that, among other things, the judicial review committee was obligated to accept as true the findings of the Hanford hospitals.

Smith challenged the governing board’s decision by filing a petition for writ of mandate. The superior court granted Smith’s petition, reversed the governing board, and directed SCH to reinstate the judicial review committee’s decision in favor of Smith.

Based on our independent review of the governing board’s…