Q: can a hospital recredential a physician and give privileges less than a year without explanation?
Surgeon was targeted by administration for filing a complaint against an administrator. When recredentialing/renewing hospital privileges, it was for a six month term. Surgeon is an independent contractor but paid a salary by hospital.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, hospitals have the discretion to grant, renew, limit, or deny physicians' privileges based on various factors, including performance, compliance with hospital policies, and other criteria established by the hospital's medical staff bylaws. While the process must adhere to the principles of fairness and due process, as outlined in those bylaws and relevant state and federal laws, hospitals are not typically required to provide a detailed explanation for their decisions regarding the term length of a physician's privileges.
However, if a physician believes their privileges have been limited or altered in retaliation for lawful actions, such as filing a complaint against an administrator, they may have grounds to contest the decision. The process for challenging such decisions is usually outlined in the hospital's medical staff bylaws, which often include a mechanism for a fair hearing or appeal.
It's advisable for the surgeon to review the medical staff bylaws carefully to understand the process for challenging the recredentialing decision and to seek legal counsel if necessary. An attorney with expertise in healthcare law can provide guidance on the best approach to address the situation, including evaluating the merits of any potential legal claims for retaliation or wrongful conduct by the hospital administration.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
