GIL N. MILEIKOWSKY, Plaintiff and Appellant,
v.
WEST HILLS HOSPITAL AND MEDICAL CENTER et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
April 6, 2009.
April 6, 2009.
Attorney(s) appearing for the Case
Spiegel Liao & Kagay, Charles M. Kagay; Law Offices of Paul M. Hittelman and Paul Hittelman for Plaintiff and Appellant.
Davis, Cowell & Bowe and Andrew J. Kahn for Union of American Physicians and Dentists as Amicus Curiae on behalf of Plaintiff and Appellant.
Center for Constitutional Litigation, Valerie Nannery; The Arkin Law Firm and Sharon J. Arkin for American Association for Justice, Association of American Physicians & Surgeons, Consumer Attorneys of California, The E-Accountability Foundation, Government Accountability Project, Health Administration Responsibility Project, Inc., Health Care Patient Advocates, Legal Affairs Council, The Liberty Coalition, National Whistleblower Center, No Fear Coalition, OSC Watch, Semmelweis Society International and U.S. Bill of Rights Foundation as Amici Curiae on behalf of Plaintiff and Appellant.
Francisco J. Silva and Astrid G. Meghrigian for American Medical Association and California Medical Association as Amici Curiae on behalf of Plaintiff and Appellant.
Horvitz & Levy, David S. Ettinger, H. Thomas Watson; Fenigstein & Kaufman, Ron S. Kaufman and Nina B. Ries for Defendants and Respondents. Manatt, Phelps & Phillips, Barry S. Landsberg and Terri D. Keville for Catholic Healthcare West and Tenet Healthcare Corporation as Amici Curiae on behalf of Defendants and Respondents.
Arent Fox, Lowell C. Brown and Patricia M. Kosich for Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., and The Southern California Permanente Medical Group as Amici Curiae on behalf of Defendants and Respondents.
Lois Richardson; Arent Fox, Lowell C. Brown and Patricia M. Kosich for California Hospital Association as Amicus Curiae on behalf of Defendants and Respondents.
Van Hall Law Offices and Suzanne F. van Hall as Amici Curiae on behalf of Defendants and Respondents.
Ware Law Group and Kimberly Ware as Amici Curiae on behalf of Defendants and Respondents.
Supreme Court of California.
OPINION
WERDEGAR, J. —
California's statutory peer review process, Business and Professions Code section 809 et seq., provides a physician with the right to a hearing for the purpose of reviewing a hospital peer review committee's recommendation to deny the physician's application for reappointment to staff privileges. A hearing officer may be appointed to preside at the hearing, but the officer is prohibited by statute from acting as...
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