James Tate, Jr. v. University Medical Center

MEMORANDUM

James Tate, Jr., M.D., asserted negligence, contract, and procedural due process claims against several parties after the termination of his medical staff membership and privileges at the University Medical Center of Southern Nevada (“UMC”). He appeals the dismissal by the district court of the negligence claim and the entry of summary judgment in favor of the defendants on the remaining claims. We have jurisdiction under 28 U.S.C. § 1291 , and affirm in part, reverse in part, and remand.

1. The UMC bylaws entitle medical staff members to procedural protections, including notice and a hearing, upon the occurrence of various adverse actions, including termination of staff membership and privileges or denial of reapplications for membership and privileges. The bylaws thus create a “legitimate claim of entitlement” that may not be revoked without due process. Stretten v. Wadsworth Veterans Hosp., 537 F.2d 361, 366-67 .(9th Cir.1976); see also Lew v. Kona Hosp., 754 F.2d 1420, 1424 (9th Cir.1985).

2. The defendants argue Dr. Tate was not deprived of a protected property interest because he voluntarily resigned from the medical staff. But there was substantial evidence…