Mileikowsky v. West Hills Hospital and Medical Center

GIL N. MILEIKOWSKY,

Plaintiff and Appellant,

v.

WEST HILLS HOSPITAL AND

MEDICAL CENTER et al.,

Defendants and Respondents.

No. S156986

Ct.App. 2/8 B186238

Los Angeles County

Super. Ct. No. BS091943

California Supreme Court

Filed June 17, 2009

MODIFICATION OF OPINION

THE COURT:

     The opinion herein, appearing at 45 Cal.4th 1259, is modified as follows:

     1.  The text of footnote 4 appearing in 45 Cal.4th at page 1268 is deleted in its entirety and the following text substituted: 

The cited section is part of the Health Care Quality Improvement Act of 1986, title 42 United States Code section 11101 et seq., enacted to respond to a 'national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician's previous damaging or incompetent performance' (42 U.S.C. § 11101(2)). 

     2.  The last sentence appearing in 45 Cal.4th at page 1275 is deleted and the following sentence substituted:

And, as decisions relating to clinical privileges are generally the province of a hospital's peer review bodies and not its governing body (but see § 809.05, subds. (b) & (c)), West Hills's governing board similarly lacked the authority to ratify the order of dismissal. 

     This modification does not affect the judgment.