Moran v. South Coast Medical Center (2013)

Horvitz & Levy represented South Coast Medical Center (SCMC) on appeal in a medical staff privileges case. Dr. Moran, an interventional cardiologist who had privileges at SCMC, exhibited dangerous behavior that put his patients at risk. After a lengthy administrative review process, SCMC denied Dr. Moran medical staff privileges. Dr. Moran filed a petition for writ of mandate in the trial court, which affirmed SCMC’s decision to deny Dr. Moran medical staff privileges. Dr. Moran then appealed to the Court of Appeal. On appeal he argued that: (1) substantial evidence did not support the hospital’s decision; (2) he was denied a fair hearing because (a) an affiliate member of the medical staff participated in his peer review proceedings and (b) the Governing Board did not fully consider his case; and (3) he should have been allowed to augment the administrative record with additional evidence that he did not receive a fair hearing. The Court of Appeal rejected all of Dr. Moran’s arguments, affirming the hospital’s decision in full.