Palacin v. Allstate Insurance Company - Fourth Appellate District Division One State of California Court of Appeal

Palacin v. Allstate Insurance Company

By Fourth Appellate District Division One State of California Court of Appeal

  • Release Date - Published: 2004-06-22
  • Book Genre: Law
  • Author: Fourth Appellate District Division One State of California Court of Appeal
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Palacin v. Allstate Insurance Company Fourth Appellate District Division One State of California Court of Appeal read online review & book description:

In this appeal Nizar Yaqub, M.D., seeks review of the superior courts denial of his petition for a writ of mandate and his motions for vacation of judgment and a new trial. He contends that the petition should have been granted because respondent, Salinas Valley Memorial HealthCare System (SVMHS), denied him a fair administrative hearing before revoking his hospital privileges at Salinas Valley Memorial Hospital (SVMH or the hospital). Appellant specifically contends that the presiding officer at the hearing before the Fair Hearing Panel had a financial conflict of interest that should have disqualified him from conducting the hearing. He also contends that the presiding officer improperly denied him the opportunity to present testimony of the physicians who had signed the charging documents. Appellant further argues that the composition of both the Hearing Panel and the Appellate Review Panel (ARP) violated his right to due process and a fair procedure because the panels comprised the same people who had suspended his hospital privileges in a prior proceeding. The appellate review process, appellant contends, was also unfair because the ARP sought advice from an attorney who had advocated against him in the matter, and because it "revers[ed] an unappealed finding" of the Hearing Panel and substituted its own factual findings. Finally, appellant contends that the Hearing Panels determination that he failed to provide for the care of his patients is not supported by substantial evidence.

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