Nasim

A doctor loses his hospital privileges because he did not comply with a hospital rule. Because the rule was applied retroactively, it was impossible for the doctor to comply. We conclude the doctor was denied a vested right.

Defendant Los Robles Regional Medical Center (Hospital) appeals a judgment that granted a writ of mandate and overturned the Hospital’s administrative decision. The Hospital’s appeal board ruled that plaintiff, Dr. Sohail Nasim, could not continue to exercise privileges in nephrology at the Hospital. We conclude that the trial court properly found that retroactive application of the rule was unreasonable and interfered with Nasim’s vested right to maintain his privileges. We affirm.

FACTS

In 2001, after completing his medical training in nephrology at the University of California, Los Angeles (UCLA), Nasim applied for medical staff membership in the Hospital’s Department of Internal Medicine. The Hospital approved his application and Nasim joined the provisional medical staff with physician privileges in internal medicine and nephrology.

In June of 2002, the Hospital’s credentials committee determined that Nasim continued to meet the Hospital’s…