Bloomberg Law
Dec. 27, 2022, 3:16 PM

N.Y. Doctor Limited to Administrative Remedy in Covid Shot Fight

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

A Buffalo, N.Y., physician can’t sue in state court to stop a hospital from revoking his medical staff privileges based on his refusal to comply with the Covid-19 vaccine mandate for health-care workers, a state appeals court said.

A New York law specifically provides an administrative remedy for a doctor challenging a hospital’s decision to deny, suspend, or lessen their privileges, the New York Supreme Court, Appellate Division said. Aston Williams, therefore, must bring his claim against Kaleida Health to the Public Health and Health Planning Counsel before he can pursue it in court, the court said in a decision ...