The restraining order from a Ventura County Superior Court judge grants Dr. Brantner "limited temporary privileges" subject to completion of a reappointment application. The order also prohibits Dr. Brantner from participating "in any medical staff governance functions."

That restriction may not be as severe it seems, say CMA officials. In court papers filed last month, the hospital narrowly defines "medical staff governance" as nothing more than patient chart review. The hospital undoubtedly hopes that the order will exclude Dr. Brantner from medical staff committee meetings and other medical staff leadership activities, but if the court accepts the hospitals’ own narrow definition, the order would only exclude Dr. Brantner from participating in patient chart review, not from performing other medical staff functions, says CMA officials.

The hospital did not renew Dr. Brantner’s privileges because he would not pledge obedience to the hospital’s newly revised corporate bylaws without being allow time to review them. Dr. Brantner, a member of the hospital staff for 22 years, maintains that the hospital administrators gave him the run-around when he asked to read a copy of the bylaws before signing his privilege renewal application, and that when the hospital did finally provide him with the bylaws, he had to sign a agreement that he would keep their contents confidential.

Dr. Brantner maintains that the hospital is retaliating against him, in violation of state law, because he is an outspoken advocate for medically appropriate care.

Last year, the hospital’s board of directors unilaterally adopted a conflict-of-interest policy that forbids any doctor with a financial interest that competes with the hospital from voting as a staff member or serving as a staff officer. It also adopted a 20-page "Medical Staff Code of Conduct" that establishes a "Standard of Behavior" for medical staff members and gives the hospital administration the authority to investigate and impose discipline on physicians for any violations of the code. Medical staff members are required to acknowledge and pledge obedience to these policies upon grant or renewal of privileges.

The medical staff filed its own lawsuit against the hospital administration earlier this year, alleging the hospital administration is violating state laws requiring medical staff self-governance. The hospital has thus far sought subpoenaed more than 40 current and former medical staff members to depositions and the number is expected to grow.

At this year’s meeting, the CMA House of Delegates unanimously voted to support the medical staff of Community Memorial Hospital and asked CMA members to provide donations to support the legal battle for self-governing medical staffs. Please make your contribution today to CMA's Legal Defense Fund online or by calling CMA at 916/551-2032.

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.