Dunbar v. Hospital Authority of Gwinnett County

• Decision Date: 08 April 1971
• Docket Number: No. 26411,26411
• Citation: 182 S.E.2d 89,227 Ga. 534
• Parties: William G. DUNBAR v. HOSPITAL AUTHORITY OF GWINNETT COUNTY et al.
• Court: Georgia Supreme Court

Page 89

182 S.E.2d 89

227 Ga. 534

William G. DUNBAR v.HOSPITAL AUTHORITY OF GWINNETT COUNTY et al.

No. 26411.

Supreme Court of Georgia.

April 8, 1971.

Rehearing Denied May 6, 1971.

Syllabus by the Court

1.(a) A Hospital Authority may restrict a staff member's privileges by reasonable and non-discriminatory rules and regulations.

(b) The rules and regulations adopted by the Hospital Authority and involved here are reasonable and nondiscriminatory.

2.Qualifications for membership in the local medical society were not in issue in this case and the trial court erred in finding that Dr. Dunbar was not qualified for membership therein.

Dr. William G. Dunbar filed an application with the Hospital Authority of Gwinnett County for appointment to the medical staff.Temporary medical staff privileges, including the performance of minor surgery, were granted to him on July 8, 1969.These privileges are granted as a general courtesy to all qualified applicants.On August 5, 1969, at a meeting of the Gwinnett County Medical Staff, his application for appointment to the medical staff was considered.The credentials committee's report recommended that the application of Dr. Dunbar be deferred for a period of 70 days in order that further evaluation could be made.This recommendation was accepted by the staff.The temporary privileges which had been granted Dr. Dunbar pending action on his application were discussed also.The staff directed the chief of staff and the hospital director to terminate the temporary privileges previously granted Dr. Dunbar but allowed him to attend any patients hospitalized prior to that date.The applications of four other doctors for staff privileges were approved at this meeting.

On September 11, 1969, the credentials committee made its report to the regular meeting of the medical staff showing: '1.That Dr. Dunbar's application contained significant misstatements and omissions as follows: (a) Responsive to the question 'Has your license to practice medicine in any jurisdiction ever been suspended or revoked?If so, give full details.'Dr. Dunbar states as follows: 'Yes-Violation Narcotic Act 1956-Reissued1964.'Said response is false and incomplete in the following respects: In the case of United States of America vs. Dr. W. G. Dunbar, Criminal IndictmentNo. 22,732, United States District Court, Northern District of Georgia, Atlanta Division, Dr. Dunbar, was, on the 23rd day of March, 1961, convicted upon his plea of guilty to the offense of conspiring to violate the Narcotic Laws of the United States-in violation of Sections 4205(a),7237and4705-Title 26, U.S.C.A., as charged in counts one, four and five of the indictment, whereupon Dr. Dunbar was committed to the custody of the Attorney General of the United States for imprisonment for a period of five years on count one, five years on count four and five years on count five of the indictment, all sentences to run concurrently.In his application Dr. Dunbar states that the date of his violation was 1956 and he did not give any details whatsoever concerning these violations when the application clearly calls for full details.Furthermore, he did not give the date that his license to practice medicine was suspended or revoked.(b) Dr. Dunbar completely ignored and omitted information called for on the application under the heading 'Membership on other hospital staffs (past and present).'This is a significant omission which impedes a proper investigation and evaluation of the applicant's history and character.(c) Responsive to the question 'Have your privileges at any hospital ever been suspended, diminished, revoked or not renewed?If so, explain in full detail.'Dr. Dunbar stated as follows: 'No.'Said response was false in that Dr. Dunbar's associate privileges at Griffin-Spalding County Hospital, Griffin, Georgia were terminated August 11, 1960.With regard to the above, the Credentials Committee notes that in his application for appointment to the Medical Staff Dr. Dunbar's signature is immediately preceded by the following language, to wit: 'I fully understand that any significant misstatements or omissions from this application constitute cause for summary dismissal from the staff.'

'(2) The Committee finds that following a grant of temporary privileges to Dr. Dunbar by the Director of the hospitals, and while Dr. Dunbar was under the supervision of Dr. George Tootle, President of the Medical Staff, Dr. Dunbar did on two occasions violate the instructions and restrictions given to him by Dr. Tootle pending action on his application, such violations being as follows: Dr. Dunbar was specifically instructed by Dr. Tootle that during the period in which his application was being considered and during the exercise of temporary privileges, he, Dr. Dunbar, would not perform any major surgery.Dr. Dunbar ignored and violated the instructions and restrictions accompanying the grant of temporary privileges by scheduling major surgery on a patient at Joan Glancy Hospital and then proceeded to call Dr. Tootle and ask permission to perform such surgery, thereby placing the Chief of Staff in an embarrassing and difficult position without any need or necessity therefor.On another occasion following the one above mentioned and after again being advised not to schedule major surgery, Dr. Dunbar again scheduled major surgery at Button Gwinnett Hospital and again called Dr. Tootle requesting permission to perform such surgery, at which time Dr. Tootle forbade Dr. Dunbar to perform the operation.

'(3) The Committee finds that Dr. Dunbar has made statements with regard to his professional skill and abilities to or in the presence of members of the Nursing Staff which are questionable or in at least one instance unbelievable.His exact statements or the substance thereof being as follows: (a) Dr. Dunbar instructed a nurse not to send any serious injuries to Atlanta hospitals for treatment but instead to call Dr. Dunbar because, 'He could do anything and could do gunshot wounds blindfolded.'(b) On another occasion Dr. Dunbar stated to a nurse that he had just returned from an out of town trip in which he had flown in a helicopter to remove a liver from a patient, leaving the nurse with the definite impression that the patient had lived.Such a statement is unbelievable.

'(4) The Committee finds that Dr. W. G. Dunbar has, in addition to the misstatements contained in his application, made one misrepresentation with regard to his professional services in the hospital, to wit: Dr. Dunbar advised Dr. Tootle that he wished to do more emergency room coverage than he was scheduled to do; whereupon Dr. Tootle advised Dr. Dunbar that he, Dr. Dunbar, might cover the emergency room for Dr. Tootle or other physicians provided that he would first call Dr. Tootle or such other physician on each occasion and advise the physician that he, Dr. Dunbar, was available and would cover the physician's schedule for the emergency room on that particular occasion.Subsequently, Dr. Dunbar advised an employee of the Hospital Authority to put him (Dr. Dunbar) down to call all of Dr. Tootle's emergency room coverage.

'(5) The Committee finds that the hospitals could not operate efficiently and properly with Dr. Dunbar on the Medical Staff for the following reasons: Dr. Dunbar's attitude and...