Haas v. County of San Bernardino
27 Cal.4th 1017 (Cal. 2002) Cited 116 times 1 Legal AnalysesIn Haas, the county's procedure for appointing administrative hearing officers was found to violate due process because the prosecuting authority selected its adjudicator at will and must therefore "be presumed to favor its own rational self-interest by preferring those who tend to issue favorable rulings."
Miller v. Eisenhower Medical Center
27 Cal.3d 614 (Cal. 1980) Cited 151 times 1 Legal AnalysesFinding that rules governing the admission of physicians cannot stand if the standard is unreasonably susceptible of arbitrary or discriminatory application
Anton v. San Antonio Community Hosp
19 Cal.3d 802 (Cal. 1977) Cited 154 times 1 Legal AnalysesRecognizing that administrative mandamus procedure applies to non-governmental agencies
Masters v. San Bernardino County Employees Retirement Assn.
32 Cal.App.4th 30 (Cal. Ct. App. 1995) Cited 90 timesHolding county wholly immune pursuant to section 818.8 for fraud and negligent misrepresentation arising out of denial of plaintiff's disability retirement pension
Mileikowsky v. West Hills Hospital & Medical Center
45 Cal.4th 1259 (Cal. 2009) Cited 53 timesIn Mileikowsky, a peer review committee and the medical executive committee of the hospital had recommended that Dr. Mileikowsky's application for renewal of his staff privileges be denied.
Bode v. Los Angeles Metropolitan Medical Center
174 Cal.App.4th 1224 (Cal. Ct. App. 2009) Cited 28 timesNo. B207183. June 11, 2009. Appeal from the Superior Court of Los Angeles County, No. BS108838, David P. Yaffe, Judge. Fisher, Sparks, Grayson Wolfe, Jerry R. Sparks; Greines, Martin, Stein Richland, Robert A. Olson and Marc J. Poster for Defendant and Appellant. Fenton Nelson, Henry R. Fenton, Dennis E. Lee and Benjamin J. Fenton for Plaintiff and Respondent. OPINION RUBIN, Acting P. J. Los Angeles Metropolitan Medical Center appeals from the judgment entered after the trial court granted Dr. Georgia
Yaqub v. Salinas Valley Mem. Healthcare System
122 Cal.App.4th 474 (Cal. Ct. App. 2004) Cited 19 times 1 Legal AnalysesHearing officer in physician hospital privileges case recently had been on a the board of hospital foundation, and had presided over three other hearings, facts "sufficient to create a 'possible temptation' to favor the hospital"
Matchett v. Superior Court
40 Cal.App.3d 623 (Cal. Ct. App. 1974) Cited 60 timesDiscussing section 1157
Marek v. Board of Podiatric Medicine
16 Cal.App.4th 1089 (Cal. Ct. App. 1993) Cited 22 timesFinding no due process violation when California Board disciplined podiatrists on ground that Nevada consent decrees constituted discipline in another state
Coffin v. Alcoholic Beverage Control Appeals Bd.
139 Cal.App.4th 471 (Cal. Ct. App. 2006) Cited 2 timesNo. D047218. April 21, 2006. Robert B. Coffin for Petitioners. No appearance for Respondent. William R. Winship, Jr., for Real Party in Interest Barona Tribal Gaming Authority. Bill Lockyer, Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Chris A. Knudsen and Chris A. Brewster, Deputy Attorneys General, for Real Party in Interest Jerry Jolly, Director of Alcoholic Beverage Control. OPINION O'ROURKE, J. Review of a decision of the Alcoholic Beverage Control Appeals Board affirming
Section 1119 - Admissibility of statements, admissions, or writings; confidentiality
Cal. Evid. Code § 1119 Cited 239 times 4 Legal AnalysesHolding that no writing prepared for the purpose of mediation is admissible in a civil action in which testimony can be compelled
Section 2282.5 - Medical staff's right of self-governance
Cal. Bus. & Prof. Code § 2282.5 Cited 9 times(a) The medical staff's right of self-governance shall include, but not be limited to, all of the following: (1) Establishing, in medical staff bylaws, rules, or regulations, criteria and standards, consistent with Article 11 (commencing with Section 800) of Chapter 1 of Division 2, for medical staff membership and privileges, and enforcing those criteria and standards. (2) Establishing, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality
Section 5238 - Indemnification
Cal. Corp. Code § 5238 Cited 4 times(a) For the purposes of this section, "agent" means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation that was a predecessor corporation of the corporation or of another enterprise at
Section 805.01 - Report after peer review body makes final decision or recommendation regarding disciplinary action
Cal. Bus. & Prof. Code § 805.01(a) As used in this section, the following terms have the following definitions: (1) "Agency" has the same meaning as defined in Section 805. (2) "Formal investigation" means an investigation performed by a peer review body based on an allegation that any of the acts listed in paragraphs (1) to (4), inclusive, of subdivision (b) occurred. (3) "Licentiate" has the same meaning as defined in Section 805. (4) "Peer review body" has the same meaning as defined in Section 805. (b) The chief of staff of
Section 482.12 - Condition of participation: Governing body
42 C.F.R. § 482.12 Cited 36 times 22 Legal AnalysesGoverning Body
Section 482.24 - Condition of participation: Medical record services
42 C.F.R. § 482.24 Cited 26 times 12 Legal AnalysesRequiring retention of medical records, including nursing notes
Section 70701 - Governing Body
Cal. Code Regs. tit. 22 § 70701 Cited 21 times 2 Legal Analyses(a) The governing body shall: (1) Adopt written bylaws in accordance with legal requirements and its community responsibility which shall include but not be limited to provision for: (A) Identification of the purposes of the hospital and the means of fulfilling them. (B) Appointment and reappointment of members of the medical staff. (C) Appointment and reappointment of one or more dentists, podiatrists, and/or clinical psychologists to the medical staff respectively, when dental, podiatric, and/or
Section 482.22 - Condition of participation: Medical staff
42 C.F.R. § 482.22 Cited 15 times 20 Legal AnalysesThe hospital must have an organized medical staff that operates under bylaws approved by the governing body, and which is responsible for the quality of medical care provided to patients by the hospital. (a)Standard: Eligibility and process for appointment to medical staff. The medical staff must be composed of doctors of medicine or osteopathy. In accordance with State law, including scope-of-practice laws, the medical staff may also include other categories of physicians (as listed at § 482.12(c)(1)
Section 70223 - Surgical Service General Requirements
Cal. Code Regs. tit. 22 § 70223 Cited 1 times(a) Hospitals shall maintain at least the number of operating rooms in ratio to licensed bed capacity as follows: Licensed Bed Capacity Number of Operating Rooms Less than 25.......................... ..........................One 25 to 99.......................... ..........................Two 100 or more.......................... ..........................Three For each additional 100 beds or major fractions thereof, at least one additional operating room shall be maintained, unless approved to
Section 70717 - Admission, Transfer and Discharge Policies
Cal. Code Regs. tit. 22 § 70717 Cited 1 times(a) Each hospital shall have written admission, transfer and discharge policies which encompass the types of clinical diagnoses for which patients may be admitted, limitations imposed by law or licensure, staffing limitations, rules governing emergency admissions, advance deposits, rates of charge for care, charges for extra services, terminations of services, refund policies, insurance agreements and other financial considerations, discharge of patients and other related functions. (b) Hospitals