ELLIOTT GREENLEAF DEFEATS PRELIMINARY INJUNCTION BROUGHT BY DOCTOR AGAINST HOSPITAL

In the cutting-edge area of peer review of doctors by hospitals, Elliott Greenleaf successfully defeated a motion for a preliminary injunction in the United States District Court by a physician seeking to enjoin the automatic relinquishment of his hospital privileges. A Hearing Examiner delegated by the State Board of Medicine had earlier issued a Final Adjudication suspending the physician’s license for giving a member of the Board two checks while a disciplinary action against the physician was pending. The Final Adjudication was stayed pending appeal, but the hospital’s Bylaws mandated an automatic relinquishment of privileges upon an action by the State Board suspending a physician’s license even if the actual suspension had not commenced. Following briefing, argument and testimony, the United States District Court agreed with Elliott Greenleaf’s argument and denied the physician’s motion for a preliminary injunction because he was unlikely to succeed on his federal claims and failed to show irreparable harm.

Firm President Henry F. Siedzikowski and Margaret S. Curran and Aimee L. Kumer represent the hospital system.