Lowell Brown Comments on El-Attar v. Hollywood Presbyterian Medical Center Decision

The California Supreme Court held that a technical violation of a hospital’s medical staff bylaws did not automatically render unfair a governing board’s action against a member of its medical staff. In this case, Arent Fox’s Health Care group authored an amicus curiae brief on a California health system’s behalf, supporting Hollywood Presbyterian Medical Center’s position.

“The decision was very fair and helpful to everyone involved in medical staff peer review in California regardless of the side they’re on,” said Mr. Brown. “One of the take-home messages of the case is that the bylaws still matter. Although a minor deviation from the bylaws may not render a peer review decision unfair, a material violation could result in a reversal of the decision.” Mr. Brown added, “the decision may lead hospitals nationwide to take another look at their bylaws and make appropriate amendments.”