Webman v. Little Co. of Mary Hospital

In Webman v. Little Co. of Mary Hospital (1995) 39 Cal.App.4th 592, a physician applied for reappointment to the medical staff of Little Company of Mary Hospital. The physician had an obligation under both the bylaws and the terms of his application to provide the information necessary to process the application. While the application was pending, the hospital learned that the applicant's staff privileges at another hospital had been suspended. Little Company of Mary Hospital asked the suspending hospital to provide further information, including patient charts in cases for which the applying doctor had provided questionable treatment. The physician refused to cooperate. In response, Little Company of Mary Hospital informed the applicant that no final action could be taken on his application for reappointment until he produced the requested charts. When the physician continued to refuse to cooperate, the hospital denied his application for staff privileges. In affirming the dismissal of the physician's claim against the hospital, the appellate court noted that the physician's failure to provide the requested information (which, as here, included patient charts) was a breach by the physician of his responsibilities under the hospital bylaws. The Webman court ruled that the applicant's failure to provide the requested information not only relieved the hospital from any further duty to process his application, but warranted the denial of staff privileges. Thus, Webman recognizes that because the applicant has the burden to provide the information necessary to persuade the hospital's medical staff that privileges should be granted, there is no duty to process a physician's application for staff privileges until the application has been completed and the applicant has provided all information required to evaluate the application.