Eight Unnamed Physicians v. Medical Executive Committee

The Medical Executive Committee (MEC) of the Medical Staff (Medical Staff) of Washington Township Hospital (Hospital) appeals from the judgment granting the petition of Eight Unnamed Physicians (Physicians) for a writ of mandate in a dispute over procedure in a medical disciplinary proceeding; The MEC recommended that the Physicians’ Medical Staff membership and clinical privileges at the Hospital be terminated, and the Physicians have each requested a hearing pursuant to the Medical Staff bylaws to contest the recommendation. The dispute involves the manner in which the hearings are to proceed: the Physicians want the hearings consolidated into one proceeding, and the MEC wants separate hearings for each physician.

The peremptory writ of mandate ordered in the judgment commands the MEC to submit to a consolidated hearing. The MEC argues that the judgment must be reversed because the Physicians have failed to exhaust their administrative remedies, or because MEC has discretion to require individual hearings. We conclude that reversal is required because of the failure to exhaust administrative remedies, and need not determine whether the MEC’s refusal to agree to…