Nagib v. St. Therese Hospital, Inc.

• Decision Date: 20 September 1976
• Docket Number: No. 75--279,75--279
• Citation: 41 Ill.App.3d 970,355 N.E.2d 211
• Court: United States Appellate Court of Illinois
• Parties: Ahmed M. NAGIB, M.D., Plaintiff-Appellant, v. ST. THERESE HOSPITAL, INC., Defendant-Appellee.

Page 211

355 N.E.2d 211

41 Ill.App.3d 970

Ahmed M. NAGIB, M.D., Plaintiff-Appellant, v. ST. THERESE HOSPITAL, INC., Defendant-Appellee.

No. 75--279.

Appellate Court of Illinois, Second District, Second Division.

Sept. 20, 1976.

Hubachek, Kelly, Rauch & Kirby, William T. Kirby and Adam Lutynski, Chicago, for plaintiff-appellant.

Thompson & Thompson, Paul E. Thompson, Chicago, for defendant-appellee.

DIXON, Justice.

This is an appeal from a judgment of the Circuit Court of Lake County, Illinois, rendered in favor of St. Therese Hospital, Inc., the defendant, and against Ahmed M. Nagib, M.D., the plaintiff, on the complaint he had filed to invalidate his dismissal from the Hospital's active medical staff.

Dr. Nagib contends that his dismissal was invalid because he was not allowed an appeal to the full medical staff as required by the Hospital's by-laws; he was not afforded rudimentary due process, in being denied an appeal and in being judged by a biased hearing committee; and there was no finding of the existence of one of the causes for dismissal enumerated in the bylaws.

The Hospital responds that its by-laws do not provide for an appeal of a dismissal to the full medical staff; that far more than rudimentary due process was extended to Dr. Nagib, though not required of a private hospital, and any bias was insignificant and was waived; and that neglect of a patient was a reason for dismissal under the by-laws and was shown by the evidence produced.

The Hospital is a private not-for-profit corporation governed by a board of directors, consisting of ten members of a religious order and three lay members, called the Governing Board. It has a Medical Executive Credentials Committee, consisting of five voting members and three non-voting ex-officio members, who screen applications for membership and conduct dismissal hearings. This Committee gave Dr. Nagib a hearing on May 28, 1974, which commenced at seven-thirty in the evening and lasted until approximately midnight. Dr. Nagib had previously received a letter telling him what would be discussed, and he had an attorney with him at the hearing to advise him. At the close of the hearing a secret ballot was held, and the vote was unanimous for dismissal of Dr. Nagib.

The decision of the Committee was communicated promptly to the Governing Board. On May 30, 1974, the Governing Board voted unanimously to dismiss Dr. Nagib, at a meeting of which he was not given notice. A letter dated June 10, 1974, informed him of his dismissal. A regular meeting of the medical staff was held on June 17, 1974, but the recommendation of Dr. Nagib's dismissal was not reported to the staff, brought to a vote, or approved by a two-thirds vote of the staff, as Dr. Nabig claims was necessary under the Hospital's by-laws to effectuate his dismissal.

A private hospital must follow its own by-laws in excluding a physician from its staff. (Virgin v. American College of Surgeons (1963), 42 Ill.App.2d 352, 369, 192 N.E.2d 414; Annot., 37 A.L.R.3d (1971) 645, 656). Both parties recognize this to be the rule, but they disagree as to whether the by-laws applicable in this case gave Dr. Nagib the right to appeal his dismissal to the full medical staff. What the Hospital's by-laws say on this point is the first issue to be decided.

The by-laws contain the following provisions relating to dismissal: 'DISMISSAL FROM THE MEDICAL STAFF MAY BE INITIateD either by the medIcal staFf or by the Governing Board. Before taking action, the Governing Board shall consult with the Executive Credentials Committee. The physician in question shall be given the opportunity of presenting his explanation of the incident or incidents concerning which complaints may have arisen. Action by the Medical Executive Committee recommending dismissal of a member shall be subject to review by the Governing Board before final action is taken.'

The by-laws also contain a section on appeals which reads as follows: 'In any case where the Executive Credentials Committee does not recommend reappointment, or where reduction of privileges is recommended, the administrator shall notify the physician concerned and he shall be given an opportunity of appearing before...