Weinberg
Weinberg v. Cedars-Sinai Medical Center
Opinion
Opinion
Curry, J.
Appellant Assa Weinberg, M.D., sought administrative mandamus against respondent Cedars-Sinai Medical Center. The trial court denied Weinberg’s petition. We affirm.
RELEVANT FACTUAL AND PROCEDURAL HISTORY
Respondent is a nonprofit public benefit corporation and accredited acute care hospital. Weinberg, a licensed physician, was appointed to respondent’s medical staff in 1988. The case before us arises out of disciplinary proceedings against Weinberg that culminated in the termination of his staff privileges and membership.
Under the constitution, rules, and regulations of respondent’s medical staff, disciplinary proceedings are initiated by the chief medical officer (CMO). The physician in question is entitled to notice of charges, access to evidence regarding the charges, and a hearing before a committee of physicians at which the physician may present evidence, and cross-examine witnesses. The hearing committee’s recommendation is submitted to the medical executive committee (MEC), which reviews the record to ensure that (1) the physician received a fair hearing, and that (2) the recommendation is supported by the evidence and is consistent with the medical staff’s…