Gowan v. St. Francis Community Hospital

Supreme Court of South Carolina

Gowan v. St. Francis Community Hospital

268 S.E.2d 580, 275 S.C. 203, 1980 S.C. LEXIS 436

CourtSupreme Court of South Carolina

DecidedJuly 24, 1980

Docket21274

StatusPublished

Cited by3 cases

This text of 268 S.E.2d 580 (Gowan v. St. Francis Community Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gowan v. St. Francis Community Hospital, 268 S.E.2d 580, 275 S.C. 203, 1980 S.C. LEXIS 436 (S.C. 1980).

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Opinion

Per Curiam:

Appellant James B. Gowan, a licensed medical practitioner certified by the American Board of Family Physicians, was denied certain specialized privileges by respondent St. Francis Community Hospital, a private corporation. This appeal is from the lower court’s denial of injunctive relief sought by appellant. We affirm.

A private hospital is free to adopt reasonable regulations for the conduct of its affairs. Fahey v. Holy Family Hospital, 32 Ill. App. 3d 537, 336 N. E. (2d) 309 (1975); accord, Strauss v. Marlboro County General Hospital, 185 S. C. 425, 194 S. E. 65 (1937). Here we are not persuaded respondent’s implementation of such regulations to the restriction of appellant’s practice in its hospital requires us to depart from the longstanding principle that such action is not subject to judicial review. Strauss, supra; Kahn v. Suburban Community Hospital, 45 Ohio St. 2d 39, 340 N. E. (2d) 398 (1976) ; Edson v. Griffin Hospital, 21 Conn. Sup. 55, 144 A. 2d 341 (1958).

Accordingly, the judgment below is affirmed.

Affirmed.

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Per Curiam:

Appellant James B. Gowan, a licensed medical practitioner certified by the American Board of Family Physicians, was denied certain specialized privileges by respondent St. Francis Community Hospital, a private corporation. This appeal is from the lower court’s denial of injunctive relief sought by appellant. We affirm.

A private hospital is free to adopt reasonable regulations for the conduct of its affairs. Fahey v. Holy Family Hospital, 32 Ill. App. 3d 537, 336 N. E. (2d) 309 (1975); accord, Strauss v. Marlboro County General Hospital, 185 S. C. 425, 194 S. E. 65 (1937). Here we are not persuaded respondent’s implementation of such regulations to the restriction of appellant’s practice in its hospital requires us to depart from the longstanding principle that such action is not subject to judicial review. Strauss, supra; Kahn v. Suburban Community Hospital, 45 Ohio St. 2d 39, 340 N. E. (2d) 398 (1976) ; Edson v. Griffin Hospital, 21 Conn. Sup. 55, 144 A. 2d 341 (1958).

Accordingly, the judgment below is affirmed.

Affirmed.

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268 S.E.2d 580, 275 S.C. 203, 1980 S.C. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gowan-v-st-francis-community-hospital-sc-1980.

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