FEYZ v. MERCY MEM. HOSP.

Docket No. 246259.

692 N.W.2d 416 (2005)

264 Mich. App. 699

Bruce B. FEYZ, Plaintiff-Appellant/Cross-Appellee, v. MERCY MEMORIAL HOSPITAL, Richard Hiltz, James Miller, D.O., John Kalenkiewicz, M.D., J. Marshall Newbern, D.O., and Anthony Songco, M.D., Defendants-Appellees/Cross-Appellants, and Medical Staff of Mercy Memorial Hospital, Defendant.

Court of Appeals of Michigan.

Decided January 13, 2005, at 9:00 a.m.

Released for Publication February 16, 2005.


Attorney(s) appearing for the Case

Jeffrey L. Herroni, Ann Arbor, for the plaintiff.

Kitch Drutchas Wagner DeNardis & Valitutti (by Susan Healy Zitterman and Karen B. Berkery), Detroit, for the defendants.

Before: MURRAY, P.J., and SAWYER and SMOLENSKI, JJ.


SAWYER, J.

We are asked in this case to determine whether the doctrine that staffing decisions of private hospitals are not subject to judicial review precludes all such review, including claims brought under statutes such as the Civil Rights Act. We hold that the doctrine does not preclude such claims and reverse in part the trial court's grant of summary disposition dismissing all the plaintiff's various claims against defendant.

Plaintiff is a physician...

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