Feyz v. Mercy Memorial Hospital, 475 Mich. 663 (2006)
N/AOUTCOME: Successfully overturned 25 years of precedence
In this case I represented the Plaintiff-physician, who sought to overturn 25 years of Michigan precedent that limited judicial review of medical staffing decisions by private hospitals. The case wa ... s filed in anticipation that it would be dismissed in part. Following dismissal Plaintiff appealed to the Michigan Court of Appeals, which reversed. Defendants sought and obtained leave to appeal at the Michigan Supreme Court. The Michigan Supreme Court rejected the non-reviewability doctrine and opened the door to judicial review of disputed staffing decisions in Michigan. Then, at Plaintiff's urging, the Court went further and held that Hospitals are not entitled to immunity under Michigan's peer review statute. The case was remanded to the Monroe County trial court for further proceedings. The case is widely regarded as a substantial victory for physicians who now have a much stronger legal position when negotiating disputes with hospital administrators and, when necessary, litigating disciplinary matters.
