Bryant v. City of Lakeland

• Decision Date: 26 November 1946
• Citation: 158 Fla. 151,28 So.2d 106
• Parties: BRYANT v. CITY OF LAKELAND et al.
• Court: Florida Supreme Court

28 So.2d 106

158 Fla. 151

BRYANT v. CITY OF LAKELAND et al.

Florida Supreme Court

November 26, 1946

Rehearing Denied Jan. 22, 1947.

Whitaker Brothers, of Tampa, M. H. Edwards, of Bartaw Henry C. Tillman, of Tampa, and E. E. Callaway, of Lakeland for petitioner.

Morris E White and Cody Fowler, both of Tampa, and Gordon Petteway, E Snow Martin, H. N. Casebier, John S. Edwards, and Richard M. Naylor, all of Lakeland, for respondents.

BARNS, Associate Justice.

The petitioner-complainant filed his bill against the City of Lakeland et al., the Executive Committee of the Staff of the municipality's hospital and certain other members of the Staff of said 'hospital.'

To this bill the defendants filed answers and petitioner moved for a temporary mandatory injunction upon the pleadings which the chancellor denied and petitioner seeks the reversal of the chancellor by certiorari.

Taking the allegations of the answers as true and the bill as true except where inconsistent with the answers, the facts appear to be as hereinafter stated.

The City and the City Commissioners will hereinafter be referred to as the 'City,' the Regular or General Staff of its hospital will be referred to as the 'staff' and the Executive Committee of the 'staff' will be referred to as the 'committee.'

Lakeland's charter, chapter 10754, Acts 1925, concerning hospitals provided:

'Sec. 11. The City Commission shall have power * * * to establish and maintain hospitals and provide for the indigent, sick afflicted;'

Lakeland's charter, chapter 10754, Acts 1925, provided in relation to the City Manager that:

'Sec. 31. [City Manager] Appointment.--The City Commission shall appoint a City Manager, who shall be the administrative head of the municipal government under the direction and supervision of the City Commission. * * * 'Sec. 32. Powers and Duties.--The City Manager shall be responsible to the City Commission for the proper administration of all affairs of the city, and to that end, his powers are, and they shall be: * * *

'(C) To exercise control and direct supervision over all departments and divisions of the municipal government under this charter, or which may hereafter be created by the City Commission, * * *.'

Section 47 of the same Special Act prescribes the duties and responsibilities of the City Manager of the City of Lakeland in the following language:

'The City Manager, as the administrative officer of the city, shall be the head of each department provided for under this charter, and shall be responsible for its successful and business-like operation. He shall be the active head of the Department of Public Safety and Welfare and Public Works, which department shall have cognizance of all matters making for the welfare of the community, such as the control of its charitable and correctional institutions, and the management and supervision of all public improvements, works and undertakings of the city, except as otherwise specifically provided for under this Charter.'

The organization of the hospital was set up in 1937 under which it likely operated but this organization was not approved by the 'City' until 1943. Such will hereinafter be referred to as 'Regulations.'

The 'Regulations' provided for a 'Regular Staff' as follows:

'(A) The Regular Staff shall consist of those physicians, surgeons and dentists practicing in the City of Lakeland, who have been, or may be, appointed by the Staff Executive Committee as hereinafter provided, and whose memberships have been approved by the City Commissioners.'

The Regulations in relation to suspension of members of the staff were as follows:

'(19) Dismissal from Membership. Suspension. Members of the Staff may be recommended for suspension or dismissal for unprofessional conduct, or for violation of the rules of the Staff, or of the hospital. Charges against Staff members must be in writing to the President of the Staff, who will refer the matter to the Executive Committee for investigation and recommendations, after which a vote of the Staff shall be taken without discussion. A two thirds majority vote by secret ballot shall be necessary for the suspension or dismissal of a Staff member. All Staff members must be notified in writing of such contemplated action at least two weeks prior to the time of taking vote.'

'(A) Executive Committee. The Executive Committee shall consist of five members elected from the Regular Staff at the Annual meeting in December of each year. They shall serve for a period of one year, and their election is subject to the approval or rejection of the City Commissioners * * *. Furthermore, it shall investigate any complaints that may arise pertaining to the efficiency of the hospital, or to irregularities of Staff Members or other attaches of the hospital, and shall present a report of its activities and accomplishments at each staff meeting, after having submitted a copy thereof to the City Manager.'

In September 1944 the City approved certain forms for application by and for permits granted to physicians to practice in the hospital.

In the application the applicant on November 15, 1944, stated:

'I hereby make application to the City Commission of the City of Lakeland, Florida for permit to practice in the City of Lakeland hospital.

'I agree to abide by the rules and regulations of the Medical Staff as approved by the City Commission.

'I also agree to keep accurate and up-to-date records of patients under my care and complete their records within seventy-two hours after discharge of patient.

'I also agree to attend seventy-five per cent. of the meetings of the staff.'

The permit issued to the petitioner read:

'Dr. Donald S. Bryant, you are hereby permitted to practice in Morrell Memorial Hospital, owned and operated by the City of Lakeland, Florida, under the following conditions:

'(1) That you abide by the rules and regulations of the Medical Staff as approved by the City Commission;

'(2) That you keep patients' records accurate and up-to-date, and complete patient's record within seventy-two hours after discharge of patient;

'(3) That you attend seventy-five percent of the meetings of the staff;

'(4) That you cooperate in every way possible to maintain the operation of the hospital at the highest standard possible.

'Approved by the City Commission of the City of Lakeland on this 23rd day of January, 1945.'

On November 1, 1945, the City Manager issued the following directions to the 'Staff':

'To All Staff Members:

'Please be advised that beginning on the above date the supervisor of each floor has been instructed not to permit any patient to be taken to surgery unless the following is recorded on the patient's chart:

'1. A complete physical examination

'2. Preoperative diagnosis

'3. Laboratory report

'Also on all cases of Therapeutic Abortion, there must be recorded two consultations with other physicians, one of which must be an obstetrician.

'This matter was brought up for discussion at a meeting of the Executive Committee of the Medical Staff held October 31, 1945, and motions made, seconded and carried that the above ruling be enforced.'

On January 16 1946, the Superintendent of the hospital notified petitioner of a meeting on that day of the executive committee and urged his attendance as it was...