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: 2004-06-22
  • Genre: Law
Palacin v. Allstate Insurance Company book review score

Score: (From 0 Ratings)

Palacin v. Allstate Insurance Company Fourth Appellate District Division One State of California Court of Appeal Book Review Score: ★★★★★ 5/5 stars

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.

Palacin v. Allstate Insurance Company book review; book recommendations; Law books;.

@2019 – Just Read Book. All Right Reserved. justreadbook.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for website owners, to earn advertising fees by linking and advertising to amazon.com and any other website that may be affiliated with Amazon Service LLC Associates Program; As an Amazon Associate I earn from qualifying purchases.

Comments/Review section is closed