University Health Servs. Inc., d/b/a Univ. Hosp. v. Long

When reviewing a hospital's revocation of a doctor's clinical privileges, the trial court had to defer to the hospital's judgment that the doctor mismanaged patient care.

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The appellant, University Health Services, Inc., d/b/a University Hospital “University Hospital”, appeals from an interlocutory injunction prohibiting it from revoking the privileges of the appellee, Dr. Long, an obstetrician and gynecologist at University Hospital, pending a final resolution of Dr. Long’s action against the hospital. Because we conclude that the trial court abused its discretion in entering the injunction, we reverse.

Dr. Long has had privileges at University Hospital for approximately twenty-five years. In the summer of 2000, the hospital instituted administrative proceedings to review the care that Dr. Long had provided to certain patients and to determine whether his clinical privileges should be revoked. After a recommendation was made early in the review process to suspend Dr. Long’s privileges, Dr. Long, with the hospital’s consent, obtained an interlocutory injunction from the trial court that permitted him to continue practicing until further order of the court. The injunction also provided that the hospital could continue with and complete its administrative review process. After the hospital had completed the review process, the governing body of the hospital revoked Dr. Long’s clinical privileges. Because of the initial injunction, the hospital had to petition the trial court to dissolve the injunction to make its revocation of Dr. Long’s privileges effective. After the hospital filed its petition to dissolve the injunction, Dr. Long filed an amended complaint asking the trial court, among other things, to continue the interlocutory injunction, reverse the decision of the hospital to revoke his privileges, and rule that the hospital’s fair hearing plan violates due process. Ruling in Dr. Long’s favor, the trial court declined to dissolve the injunction, and instead continued it in effect until a final resolution of the case. University Hospital has now filed this appeal.

University Health Servs. Inc., d/b/a Univ. Hosp. v. Long

When reviewing a hospital's revocation of a doctor's clinical privileges, the trial court had to defer to the hospital's judgment that the doctor mismanaged patient care.

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