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Michalski v. Scripps Mercy Hospital: A Win for Both Peer Reviewers and Hospital Boards

First few Article Sentences

When peer review cases result in appellate court decisions, they often involve a colorful mix of legal principles and individual behavior. Michalski v. Scripps Mercy Hospital (2013) 221 Cal.App.4th 1033, decided on November 27, 2013, is no exception. Michalski was about sexual harassment, an errant hearing committee decision, and a governing body's ultimate authority to decide what physician behavior is acceptable in the hospital. In its decision the California Court of Appeal confirmed that a hospital's governing body may, where permitted by the hospital's medical staff bylaws, broadly exercise its independent judgment and overturn a Judicial Review Committee (JRC) decision following a peer review hearing.

Brown, Lowell


Arent Fox

Law, Peer Review

June 17, 2015

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