Warnick v. Natchez Community Hospital, Inc
| Docket Number: | 2003-CA-01513-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-02-2004 Opinion Author: Waller, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Suspension of hospital privileges - Due process - Section 73-25-93 Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Non Participating Judge(s): Diaz, J., Dissenting Author : Easley, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 02-07-2003 Appealed from: Adams County Chancery Court Judge: George Ward Disposition: Affirmed the suspension of a certain area of Appellant's practice privileges. Case Number: 98-882 |
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| Note: | nature of case: Hospital’s suspension of her privileges in the area of neonatal resuscitation. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Jamie S. Warnick, M.D. |
LISA JORDAN DALE |
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| Appellee: | Natchez Community Hospital, Inc. | HEBER S. SIMMONS, III |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Suspension of hospital privileges - Due process - Section 73-25-93 |
| Summary of the Facts: | Jamie S. Warnick, M. D., a pediatrician, appeals from a chancery court decision that affirmed the Natchez Community Hospital’s suspension of her privileges in the area of neonatal resuscitation. |
| Summary of Opinion Analysis: | Dr. Warnick argues that she was denied due process, because the manner in which notices were or were not given did not comport with the Hospital's bylaws. The legislature has limited judicial surveillance of hospital disciplinary proceedings to the narrow inquiry of whether the hospital complied with the procedural due process requirements prescribed by its own bylaws. Under section 73-25-93, a hospital and/or medical staff must abide by its bylaws for due process. The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner. Admittedly, Dr. Warnick was not given an opportunity to appear before the Executive Committee or the Board of Trustees before her privileges were suspended; however, she later appeared twice before the Appellate Review Committee, a group appointed by the Hospital's Governing Body to review the actions of the Executive Committee and the Board of Trustees. Any alleged violation of due process was effectively remedied by the two hearings afforded to Dr. Warnick, and her claims were heard at a meaningful time and in a meaningful manner. |
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