PEER REVIEW: Vo v. Pomona Valley Hospital Medical Center (California Court of Appeal, Second Appellate District, Division 5, B277409)
CMA filed an amicus brief in support of two neonatologists who lost privileges at Pomona Valley Hospital Medical Center. The physicians initially prevailed after a lengthy peer review hearing but the hospital unilaterally reversed the peer review decision of seven physicians on the judicial review committee.
CMA’s brief argued that the hospital’s decision was improper under applicable medical staff bylaws and laws governing peer review and the independence and self-governance rights of medical staffs and physicians. The brief traces the history of peer review to its modern day statutory conception within a dual structure of hospital governance and provides the Court with the broader context to help it construe the peer review statutes as applied in this case and give proper effect to the medical staff bylaws related to peer review.
Oral arguments were heard before the Court of Appeal on July 11, 2018. On September 20, 2018, the Court of Appeal, in an unpublished opinion, affirmed in part and denied in part the trial court's decision. The plaintiffs filed a petition for review before the California Supreme Court which was denied on December 19, 2018.