CAINE v. HARDY

No. 89-4470.

943 F.2d 1406 (1991)

Curtis W. CAINE, Jr., M.D., Plaintiff-Appellant, v. M.D. HARDY, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 26, 1991.


Attorney(s) appearing for the Case

Paul M. Neville, Jackson, Miss., Kent Masterson Brown, Lexington, Ky., for plaintiff-appellant.

George O. Evans, Wise, Carter, Child, Caraway, Douglas E. Levanway, George H. Ritter, Jackson, Miss., for defendants-appellees.

Before CLARK, Chief Judge, BROWN, POLITZ, KING, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, and BARKSDALE, Circuit Judges.


EDITH H. JONES, Circuit Judge:

An anesthesiologist's clinical privileges at a public hospital were suspended with conditions after an investigation and conferences concerning the death of one of his patients, but before a formal hearing was held. This court must now decide en banc whether the doctor's discipline followed the dictates of procedural due process. To a reasonable layman, there would be no dilemma: after a patient died while under the anesthesiologist...

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