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Mir v. Pomona Valley Hospital Medical Center2/24/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Jehan Zeb Mir (Mir) is a licensed medical doctor and a thoracic, vascular surgeon who evidently prefers the courtroom to the operating room. Respondent Pomona Valley Hospital Medical Center is a private, nonprofit, acute-care hospital governed by its Board of Directors and its Medical Staff. Respondent Medical Staff conducts its affairs in accordance with the Medical Staff bylaws and rules and regulations. (Health & Saf. Code, § 1250, subd. (a) & § 32128.) Respondents (collectively, Pomona Hospital) granted Mir provisional membership on Pomona Hospital's Medical Staff with general, thoracic and vascular surgery privileges. Mir was also appointed to Pomona Hospital's trauma back-up on-call panel. On November 13, 2000, Pomona Hospital summarily suspended Mir's vascular surgery privileges and removed him from the trauma back-up on-call panel.
Rather than avail himself of administrative remedies provided in Pomona Hospital's Medical Staff bylaws, Mir, in propria persona, filed two separate but similar complaints for declarative and injunctive relief. In each case, the trial court gave judgment to Pomona Hospital, in the first case after sustaining Pomona Hospital's demurrer (case No. BC240730) and in the second after granting Pomona Hospital's motion to strike Mir's complaint (case No. BC249191). Mir appeals from each judgment, and Pomona Hospital also appeals from the trial court's order (issued as a portion of the judgment in case No. BC249191), placing off calendar Pomona Hospital's motion to declare Mir a vexatious litigant and to require Mir to post security in accordance with Code of Civil Procedure section 391.1. We have consolidated all three appeals.
We affirm because Mir failed to exhaust his administrative remedies. We also find that Mir is a vexatious litigant and as part of this opinion we will issue a prefiling order pursuant to Code of Civil Procedure section 391.7.
PROCEDURAL BACKGROUND
The Medical Staff bylaws specify that before a physician becomes an active member of the Medical Staff at Pomona Hospital, the a physician must first become a provisional member and satisfying proctoring requirements. Proctoring means that members of the active Medical Staff monitor a physician's hospital practice by observing the physician's performance of medical procedures and reviewing the medical charts of the physician's patients. When Mir applied for staff membership at Pomona Hospital in September 1999, he was granted provisional membership on the Medical Staff with general, thoracic and vascular surgery privileges. The Medical Staff required initially that Mir be proctored regarding all three surgical categories. After he completed proctoring regarding general and thoracic surgical patients, proctoring continued as to his vascular surgery patients. Mir was also appointed to Pomona Hospital's trauma back-up on-call panel (trauma panel).
The bylaws also provide that the Medical Staff Executive Committee may summarily suspend a physician's medical privileges where "immediate action must be taken in order to reduce a substantial likelihood of imminent danger to the health of any individual." On November 13, 2000, Pomona Hospital summarily suspended Mir's vascular surgery privileges (effective November 10, 2000) and removed him from the trauma panel.
In response to Pomona Hos
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