JERRY A. MARGOLIN, M.D., APPELLANT,
v.
MORTON F. PLANT HOSPITAL ASSOCIATION, INC., ET AL., APPELLEES
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A private hospital's substantial departure from its own bylaws in revoking staff privileges can state a cause of action for injunctive relief.
A doctor sued a private hospital, alleging denial of due process in the revocation of his staff privileges. The trial court dismissed this count.…
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PER CURIAM.
This is an interlocutory appeal from an order granting a motion to dismiss with prejudice Count IV of the amended complaint. The trial court found that this count did not state a cause of action.
In Count IV the appellant/doctor asserts that he was denied fundamental due process rights by appellee/Morton Plant Hospital Association, Inc. in removing him from the hospital staff. Even though the hospital in question is a private hospital1 this count states a cause of action for injunctive relief because it includes allegations that in the course of revoking the appellant’s staff privileges the hospital substantially departed from the provisions of its own bylaws. McElhinney v. William Booth Memorial Hospital, 544 S.W. 2d 216 (Ky.1977); Berberian v. Lancaster Osteopathic Hospital Asso., 395 Pa. 257, 149 A. 2d 456 (1959); Joseph v. Passaic Hospital Asso., 26 N.J. 557, 141 A. 2d 18 (1958).
REVERSED and REMANDED for proceedings consistent with this opinion.
BOARDMAN, C. J., and HOBSON and GRIMES, JJ., concur. . West Coast Hospital Association v. Hoare, 64 So. 2d 293 (Fla.1953); Moles v. White, 336 So. 2d 427 (Fla.2d DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zbigniew Scheller v. Am. Med. Int'l Inc., 502 So. 2d 1268 (Fla. 4th DCA 1987)…alleged contract between the hospital and the medical staff arising out of the by-laws. While case law does hold that rights arising from the by-laws do amount to a contract with the hospital, Margolin, M.D. v. Morton F. Plant Hospital Association, 348 So. 2d 57 (Fla. 2d DCA 1977), that is not the contract Scheller contends was interfered with. Rather, the contract is alleged to be one between Schel-ler and other physicians and patients who have designated Scheller to handle their pathology services. In vi…
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Robert v. Carida, 427 So. 2d 803 (Fla. 4th DCA 1983)…I, section 21, Florida Constitution, will not tolerate that happening, as it provides: The courts shall be open to every person for redress of any injury.... This interpretation is consistent with Margolin v. Morton F. Plant Hospital Association, 348 So. 2d 57, 57 (Fla. 2d DCA 1977), which held: In Count IV the appellant/doctor asserts that he was denied fundamental due process rights by appellee /Morton Plant Hospital Association, Inc. in removing him from the hospital staff. Even though the hospital in…
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Lake Hosp. & Clinic, Inc. v. Norman Silversmith, M.D., 551 So. 2d 538 (Fla. 4th DCA 1989)…hat a physician could claim a violation of due process against a private hospital upon the termination of his staff privileges if such privileges were explicitly protected by the hospital’s own bylaws. Margolin v. Morton F. Plant Hosp. Assoc., Inc., 348 So. 2d 57 (Fla. 2d DCA 1986). Margólin did not elaborate on the content of the hospital’s bylaws but cited to three cases in other jurisdictions. The first case cited, McElhinney v. William Booth Memorial Hosp., 544 S.W. 2d 216 (Ky.1977), referred only to the…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- W. Coast Hosp. Ass'n v. Hoare, 64 So. 2d 293 (Fla. 1953)
- Stanley S. Moles, M.D., P.A. v. White, 336 So. 2d 427 (Fla. 2d DCA 1976)