Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Desai v. Lawnwood Medical Center, Inc.

Florida Court of Appeals, Fourth District

May 31, 2017

ANIL DESAI, M.D., Appellant,
v.
LAWNWOOD MEDICAL CENTER, INC., Appellee.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County, Janet C. Croom, Judge; L.T. Case No. 562009CA010027AXXXHC.

          Richard H. Levenstein and Abby M. Spears of Kramer, Sopko & Levenstein, P.A., Stuart, for appellant.

          Thomas E. Warner, Dean A. Morande and Michael D. Sloan of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee.

          Glenn J. Webber of Glenn J. Webber, P.A., Stuart, for Amicus Curiae Association of American Physicians & Surgeons.

          Mary K. Thomas of Florida Medical Association, Tallahassee, Jon N. Ekdahl and Leonard A. Nelson of American Medical Association, Chicago, IL, for Amicus Curiae American Medical Association.

          Martin B. Goldberg and Jason A. Coe of Lash & Goldberg LLP, Miami for Amicus Curiae 41 Florida Hospital Facilities.

          Kuntz, J.

         Dr. Anil Desai ("Doctor") appeals the circuit court's order dismissing his lawsuit against Lawnwood Medical Center ("Hospital") for failure to exhaust administrative remedies provided in the Hospital's procedures for challenging board decisions relating to the medical staff. We conclude that the court correctly dismissed the Doctor's lawsuit for failure to exhaust administrative remedies and affirm.

         Background

         The Doctor, a pathologist and member of the Hospital's medical staff, submitted his application for reappointment as all medical staff members are required to do every two years. As required by the "peer review" statute, applications for reappointment are first considered by the recredentials committee which makes a recommendation to the medical executive committee. § 395.0193(2), Fla. Stat. (2009). The medical executive committee reviews the recommendation from the recredentials committee and makes its own recommendation.

         Recommendations in favor of reappointment by the medical executive committee are forwarded to the Hospital's board of trustees which has final decision-making authority. Lawnwood Med. Ctr., Inc. v. Seeger, 990 So.2d 503, 506 (Fla. 2008) ("The Board's bylaws, which were adopted in 1988, state that the Board has final decision-making authority in the areas of credentialing . . . after considering the recommendations of the medical staff.").

         Recommendations against reappointment are not forwarded to the board of trustees. Instead, if the medical executive committee recommends against reappointment, the doctor is entitled to exercise procedural rights provided by the medical staff bylaws including the right to a hearing and the right to appeal.

         The procedural rights provided in the medical staff bylaws only apply to a recommendation by the medical executive committee that reappointment be denied, not a decision by the board of trustees to deny reappointment. However, Florida Administrative Code Rule 59A-3.272(4) requires the "governing body" to "provide a procedure for hearings and appeals on all actions concerning appointment, reappointment or dismissal." Therefore, in order to ensure compliance with its governing regulations, the board of trustees issued the Board of Trustees' Fair Hearing and Appellate Review Procedures. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.