Sahlolbei

Sahlolbei v. Providence Healthcare, Inc.

Good Law
112 Cal. App. 4th 1137·2003 Cal. App. LEXIS 1595·2003 Daily Journal DAR 11741·5 Cal. Rptr. 3d 598·2003 Cal. Daily Op. Serv. 9348
Court of Appeal of CaliforniaOctober 24, 2003E032525California7,915 words

Opinion

Opinion

Richli, J.

Plaintiff Hossain Sahlolbei, M.D., appeals from the denial of his motion for a preliminary injunction in this action arising from the termination of his privileges as a member of the staff of Palo Verde Hospital (PVH). We conclude PVH was required to provide plaintiff with a hearing prior to, not after, terminating his staff membership, and that plaintiff was entitled to an injunction reinstating his membership pending such a hearing. Accordingly, we reverse the trial court’s order.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

1. .Appointment of plaintiff to PVH staff

Plaintiff is a physician specializing in surgery. PVH is a licensed acute care hospital in Blythe, California, and is the only general acute care hospital in that community. The PVH Board of Directors (the Board), the governing body of PVH, appointed plaintiff to the medical staff in the spring of 1998, for a two-year term. He was reappointed in January 2000 and again on January 17, 2002. Beginning January 1, 2002, plaintiff took the positions of vice-chair of the PVH medical staff and cochief of surgery.

2. Rescission of plaintiff’s reappointment

After plaintiff was reappointed, in…

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