The plaintiff physician's hospital privileges were suspended and not renewed by the defendant hospital.
After unsuccessfully challenging the revocation through the complete administrative code under the Public Hospitals Act, including appeals to the Health Professions Appeal and Review Board and the Divisional Court, the plaintiff commenced a civil action against the hospital and its administrators alleging breach of contract, negligence, and conspiracy.
The defendants moved to dismiss the action.
The Superior Court granted the motion, holding that the civil action was an impermissible collateral attack and an abuse of process, as it sought to relitigate the same factual matrix and issues already authoritatively decided against the plaintiff in the administrative proceedings.
