Lawnwood Medical Center, Inc. v. Desai
54 So. 3d 1027
| Fla. Dist. Ct. App. | 2011Background
- Hospital appeals a temporary injunction allowing a doctor to continue practicing during his civil suit challenging the reappointment decision.
- Doctor's credentialing and reappointment were governed by hospital bylaws; reappointment occurs every two years and is reviewed by RC and MEC before Board action.
- Doctor submitted Sept. 2009 for reappointment; RC and MEC reviewed the doctor’s competence and conduct over the prior two years.
- MEC initially recommended proceeding with reappointment later; Board denied reappointment on Dec. 9, 2009 after a meeting with the doctor and his counsel.
- Doctor sought injunctive relief; the Board provided documents and opportunity for rebuttal but did not grant a special meeting; he did not pursue the formal appellate hearing.
- Trial court granted temporary injunction; hospital appealed, arguing immunity under § 395.0191, Fla. Stat. (2009).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 395.0191 immunity covers reappointment decisions | Doctor argues immunity does not apply to reappointment | Hospital contends immunity applies to all appointment/reappointment actions absent intentional fraud | Immunity applies; injunction improper; case reversed and dismissed |
| Whether the doctor pled intentional fraud to defeat immunity | Doctor alleges arbitrary, capricious denial but not intentional fraud with specificity | Hospital contends immunity requires pleadings showing intentional fraud, which were lacking | Immunity requires specific intentional fraud; pleaded facts were conclusory |
| Whether Sadow limits the scope of § 395.0191 immunity | Doctor argues immunity is limited after initial appointment | Hospital asserts Sadow supports broader immunity for reappointment | Sadow does not limit immunity; statutory text controls for all appointment/reappointment actions |
Key Cases Cited
- Lawnwood Med. Ctr., Inc. v. Sadow, 43 So.3d 710 (Fla. 4th DCA 2010) (immunity scope not broad to every hospital liability post-privileges)
- Seeger v. Lawnwood Med. Ctr., 990 So.2d 503 (Fla. 2008) (good cause/valid reasons not required for all board decisions; distinct from immunity issue)
- Feldman v. Glucroft, 580 So.2d 866 (Fla. 3d DCA 1991) (allegations of arbitrary denial insufficient to overcome immunity)
- Foreclosure FreeSearch, Inc. v. Sullivan, 12 So.3d 771 (Fla. 4th DCA 2009) (mixed standard for temporary injunctions; de novo review of law)