In Sosa v. Board of Mgrs., 437 F.2d 173 (5th Cir. 1971), the United States Court of Appeals for the Fifth Circuit reversed the lower court's decision, remanding this case to the District Court was to determine if Dr. Sosa was afforded due process.
The Court noted there is no constitutional right for physicians to be admitted to hospitals based solely on their credentials. Hayman v. Galveston, 273 U.S. 414 (1927). While Dr. Sosa did meet the requirements of graduating from an approved school, licensing from the State of Texas and practicing in a community near the hospital, the Court did not feel this "stated triad confers an unconditional right to hospital privileges if the Hospital Board chooses to exact additional standards reasonably related to the operation of the hospital." Sosa v. Board of Managers of Val Verde Memorial Hospital, 437 F.2d 173, 176 (5th Cir. 1971).
In the case at bar, the Board of Managers of the Val Verde Memorial Hospital required additional criteria, which they felt Dr. Sosa did not meet. In Foster v. Mobile County Hospital Board, 398 F.2d 227 (1968), the Fifth Circuit had previously held that admissions to hospitals could be denied if there were "any reasonable basis, such as the professional and ethical qualifications of the physicians or the common good of the public and the Hospital." Id at 230.
In conclusion, the Court reasoned that "it is the Board, not the court, which is charged with the responsibility of providing a competent staff of doctors."
Judge Goldberg delivered the opinion of the Court. Note that this decision predated passage of HCQIA.