Q. May a practitioner appeal a hospital's decision to deny his/her privileges?
A. Yes. Generally, the hospital's Bylaws or other promulgated policies and procedures will outline the hospital's appeals process should your privileges be denied. But, it's important to note that other recourse is available should your privileges be denied other than the administrative process offered by the hospital. The New York State legislature, at the behest of the department of health, has instituted statute that governs when hospitals are allowed to revoke or deny privileges. Specifically, under New York law it is an "'improper practice' for a hospital to take an adverse action against your staff privileges without providing written reasons that relate to "patient care, patient welfare, the objectives of the institution or the character or competency of the applicant." Failure to abide by the above may provide grounds for you to contest any revocation or denial of privileges in a court of law, as the hospital may be in violation of New York Public Health Law. However, privileges at a hospital are very much an internal procedure governed by hospital policy. Contesting denial or revocation through the litigation process is not advisable unless you are left with no other alternative. Also, it is important to note that when dealing with an entire bureaucracy (such as a hospital) you may be better situated and better armed by involving your attorney from the outset of the appeal process.
