Applebaum v. Board of Directors

In Applebaum v. Board of Directors (1980) 104 Cal.App.3d 648, an ad hoc committee of a hospital recommended suspending plaintiff's hospital privileges and the executive committee agreed. (Id. at pp. 652-653.) We found plaintiff was denied fair process because the ad hoc committee included plaintiff's accuser and the executive committee had overlapping members with the ad hoc investigative committee. (Id. at pp. 659-660.) The Court discussed the factors that preclude a fair and impartial tribunal. The most destructive to impartiality is bias arising from a pecuniary interest, and personal embroilment in the dispute also voids an administrative decision, but neither prior knowledge of the facts nor a prehearing expression of opinion on the result is a disqualifying bias. (Id. at p. 657.)