Limmer v. Samaritan Health Service

710 P.2d 1077, 147 Ariz. 422, 1985 Ariz. App. LEXIS 723
CourtCourt of Appeals of Arizona
DecidedAugust 27, 1985
DocketNo. 1 CA-CIV 7161
StatusPublished

This text of 710 P.2d 1077 (Limmer v. Samaritan Health Service) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Limmer v. Samaritan Health Service, 710 P.2d 1077, 147 Ariz. 422, 1985 Ariz. App. LEXIS 723 (Ark. Ct. App. 1985).

Opinion

OPINION

FROEB, Judge.

The issue presented in this appeal is whether an osteopathic physician is entitled to admission to the staff of Desert Samaritan Hospital notwithstanding a hospital bylaw which requires certain minimum qualifications for staff membership.

Howard B. Limmer is an osteopathic physician (D.O.), licensed to practice medicine and surgery in the state of Arizona pursuant to A.R.S. § 32-1852. The other school of complete medicine recognized by statute to practice in Arizona is the numerically larger allopathic school of medicine, a practitioner of which (M.D.) is licensed to practice medicine pursuant to A.R.S. § 32-1401, et seq. Osteopathic physicians have the same duties, obligations, rights and privileges as allopathic physicians with respect to the diagnosis and treatment of patients. A.R.S. § 32-1852.

Limmer attended the Chicago College of Osteopathic Medicine, a school sanctioned by the American Osteopathic Association (hereinafter AO A), and obtained a doctor of osteopathy degree (D.O.). He served and completed his internship at Tucson General Hospital, which is accredited by the AOA. He thereafter engaged in a family practice of medicine in Tempe, Arizona. Limmer has been certified by the American Osteopathic Board of General Practice. There is [424]*424no question that Limmer is an excellent physician of high ethical standards and personal integrity.

Limmer has not been certified, nor has he attempted to be certified, by the American Board of Family Practice, which is one of the primary boards constituting the American Board of Medical Specialties, a unit of the American Medical Association (AMA). Internships at hospitals accredited by the AMA are accredited by the Liaison Committee on Graduate Education (LCGE), which is sponsored by the AMA.

Limmer has a number of patients who live and work in the vicinity of Desert Samaritan Hospital in Mesa, Arizona, and they wish to be treated by Limmer at the hospital. Also, he testified that when one of his patients goes to the emergency room at Desert Samaritan, he or she loses his services because the patient is referred to a member of the Desert Samaritan staff for treatment. He testified this happened 2-3 times a week, resulting in economic loss to him.

Desert Samaritan Hospital is one of several hospitals operated by Samaritan Health Service, a private, nonprofit Arizona corporation. Limmer had on three previous occasions, in 1973, 1977, and 1980, sought admission to staff privileges at the hospital. On the first two occasions, he was not considered because the hospital did not allow osteopathic physicians to be on its staff under any circumstances. However, in 1979 the hospital enacted the following bylaws, Article III, Section 2, Subsection C:

Each physician to be qualified for Staff membership shall be: A graduate of a school of medicine or school of osteopathic medicine recognized by the American Medical Association or the American Osteopathic Association at the time of such physician’s graduation therefrom; licensed to practice medicine and surgery in the State of Arizona; competent in his respective field or specialty; Board certified by the American Board of such specialty; or eligible to take such Board examination if such physician has practiced for a sufficient length of time to be so eligible; and if not, such physician must have sufficient training and education to qualify to be eligible to take such Board examination at the appropriate time.
If the particular field or specialty of the Department does not have an American Board Certification, then such Department shall establish in the Hospital Rules and Regulations necessary minimum education, training and performance standards for physicians to obtain specific categories and privileges in this Hospital.
Each physician who is not Board certified as defined in this section shall have completed one or more years of post graduate education as an Intern or Resident to an extent acceptable by each appropriate Clinical Department of this Hospital in programs which were, at the time attended, accredited by the Liaison Committee on Graduate Education which is sponsored by the American Medical Association, the American Hospital Association, the American Association of Medical Colleges, the American Board of Medical Specialties, and the Council of Medical Specialties Society.
Each Clinical Department shall establish in the Rules and Regulations of this Hospital the number of years of post graduate education as an Intern or Resident and the time within which Board eligible physicians in a particular specialty or field of medical practice must successfully become Board Certified. Any physician failing to comply with such requirements shall automatically have all Medical Staff privileges suspended in all appropriate clinical departments and sections.
The requirement of Board Certification, Board eligibility or the number of years of post graduate education as an Intern or Resident shall not apply to physicians who have Staff privileges at this Hospi tal as of June 12, 1979. (Emphasis added.)

[425]*425Limmer’s third application was denied for failure to meet either of the two basic requirements of the bylaw, i.e., board certification or AMA internship. A fourth application was denied on the same grounds.

Limmer thereafter filed a complaint, seeking a mandatory injunction that he be appointed to the medical staff of Desert Samaritan and awarded damages. The hospital then moved for summary judgment. Limmer moved for partial summary judgment as to the requested injunction. The trial court granted the hospital’s motion and denied Limmer’s motion and this appeal followed.

Limmer’s first argument is that, under the hospital’s own bylaws, he was qualified to be admitted to the staff. This argument is based on Limmer’s interpretation of Article III, Section 2, Subsection C, of the bylaws, quoted earlier. Limmer’s argument is that the phrase “American Board” refers either to the applicable board sanctioned by the AMA, the American Board of General Practice, or to the “AOA Board,” the American Osteopathic Board of Family Practice. The hospital’s response is that Limmer does not have standing to challenge the bylaws, because such bylaws are a contract between the members of the staff and the hospital, to which Limmer is not a party. In the alternative, the hospital argues that “American Board” refers only to the applicable board sanctioned by the AMA.

We have little doubt that, if the bylaws say what Limmer contends they say, he would be entitled to staff privileges at Desert Samaritan Hospital. See Peterson v. Tucson General Hospital, Inc., 114 Ariz. 66, 559 P.2d 186 (App. 1976); Blende v. Maricopa County Medical Society, 96 Ariz. 240, 243, 393 P.2d 926, 928 (1964); Reiswig v. St. Joseph’s Hospital, 130 Ariz.

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Related

Holmes v. Hoemako Hospital
573 P.2d 477 (Arizona Supreme Court, 1977)
Blende v. Maricopa County Medical Society
393 P.2d 926 (Arizona Supreme Court, 1964)
Reiswig v. St. Joseph's Hospital & Medical Center
634 P.2d 976 (Court of Appeals of Arizona, 1981)
Peterson v. Tucson General Hospital, Inc.
559 P.2d 186 (Court of Appeals of Arizona, 1976)
Greisman v. Newcomb Hospital
192 A.2d 817 (Supreme Court of New Jersey, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
710 P.2d 1077, 147 Ariz. 422, 1985 Ariz. App. LEXIS 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/limmer-v-samaritan-health-service-arizctapp-1985.