On a summary judgment motion in a hospital privileges dispute, the defendants argued that the tort claims were statute barred and, alternatively, had to be stayed pending review by the statutory appeal tribunal under the Public Hospitals Act.
The court held that the claims against two individual physicians were out of time because the alleged conspiracy was discovered in 2008 and there was no evidence supporting continuation of the impugned conduct within the limitation period.
However, the court held the claims against the hospital defendants were not barred because it was not legally appropriate to commence a civil damages action until the statutory hospital process had run its course, and in any event the pleaded conduct could constitute a continuing cause of action.
The court further held no stay was required because no decision cancelling, suspending, or substantially altering privileges had been made that could ground an appeal to HPARB.
