Odom v. Fairbanks Memorial Hospital

999 P.2d 123, 2000 Alas. LEXIS 24
CourtAlaska Supreme Court
DecidedMarch 17, 2000
DocketS-8007
StatusPublished
Cited by41 cases

This text of 999 P.2d 123 (Odom v. Fairbanks Memorial Hospital) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Odom v. Fairbanks Memorial Hospital, 999 P.2d 123, 2000 Alas. LEXIS 24 (Ala. 2000).

Opinions

OPINION

COMPTON, Justice.

I. INTRODUCTION

David M. Odom sued Fairbanks Memorial Hospital and various health care providers, asserting eleven separate claims for relief. All of Odom’s claims were dismissed for failure to state a claim upon which relief may be granted. He seeks reversal on eight of the dismissed claims. We reverse the superior court’s order dismissing those eight claims.

II. FACTS AND PROCEEDINGS

David M. Odom is a licensed physician. He was employed by Fairbanks Memorial Hospital (FMH) as an anesthesiologist from 1988 until his staff privileges were terminated in 1994. FMH is the only full service civilian hospital in Fairbanks. Anesthesiologists employed by FMH enter into an agreement (Anesthesiologist Agreement) with FMH which provides that each party to the Anesthesiologist Agreement will get a prorated share of the anesthesia practice at FMH.

In December 1992 Odom informed FMH administrators of his intention to establish an outpatient surgery center. It was Odom’s announcement of his plans to open the Fairbanks Surgery Center (FSC), in potential competition with FMH, that Odom argues precipitated the events that resulted in the termination of his staff privileges.

In October 1993 Odom refused to work with nurse anesthetist Kay Wilson. FMH suspended Odom’s staff privileges for twenty-four hours and his rights under the Anesthesiologist Agreement were terminated. Unable to exercise rights under the Anesthesiologist Agreement, Odom could get an anesthesiology assignment only if specifically requested by a patient or surgeon. His prorated share of the anesthesia work was distributed to the remaining five anesthesiologists. In December 1993 Odom’s rights under the Anesthesiologist Agreement were reinstated.

FMH continued to conduct an investigation into quality assurance issues surrounding Odom’s medical practices that were raised by other anesthesiologists. A Special Investigative Committee (SIC) was formed to investigate these issues. Upon FMH’s request for an opinion as to what should be done in regard to Odom’s staff privileges, the American Medico-Legal Foundation (AMLF) recommended that Odom attend “extensive [Continuing Medical Education] or ... repeat a period of anesthesia residency training.” SIC,. however, recommended that FMH suspend Odom’s staff privileges.

In June 1994 the FMH Executive Committee ■ recommended to its Governing Board that Odom’s staff privileges be suspended until the earliest of one of the following occurred:

1. The request to the Governing Body that [Odom’s] privileges be terminated is finally resolved; or
2. The Executive Committee approves a written proposal from [Odom] that [his] privileges be exercised only when [he is] accompanied by and supervised by an anesthesiologist with appropriate qualifications; or
3. [Odom] attend[s] further residency training or other proctored form of additional training which results in recommendations which satisfy the Executive Committee that [he has] identified and corrected the problems which have resulted in the substandard level of care reflected by the attached documents.

On August 22, 1994, Odom entered a formal evaluation/retraining program at Loma Linda University Medical Center. On September 10, while he was still in the retraining-program, the Governing Board accepted the Executive Committee’s recommendation to terminate Odom’s medical staff membership and clinical privileges. Odom was informed of his termination on September 27. In compliance with 42 U.S.C. § 11133, FMH reported to a national reporting system that Odom’s staff privileges had been terminated. The reasons given for Odom’s termination were “Ineompetenee/Malpractice/Negli-gence.” Persons who are the subjects of such a report are allowed to comment on the [128]*128report; Odom did so. In his response, Odom alleged that the quality assurance investigation was a result of his announced intention to compete with FMH and that the information provided in the report was knowingly false.

Upon Odom’s completion of the program at Loma Linda, he reapplied for staff privileges at FMH and was denied.

Odom, pro se, brought suit against FMH, Lutheran Health System; Western Health Network; Former FMH Administrator James H. Gingerich; FMH Assistant Administrator Susan McLane; FMH Quality Assurance Manager Linda Smith; FMH attorney Ronald Bliss; medical doctors Hoi P. Lee, Steve E. Mandil, Jerry A. Perisho, Lawrence W. Stinson and William F. Stod-dard; Anesthesia Associates, Inc.;1 and former Chief of the FMH Surgery Department, Danny R. Robinette (collectively FMH). Odom alleged eleven claims for relief: (1) unreasonable restraint of trade; (2) group boycott; (3) attempted monopolization; (4) defamation; (5) breach of contract; (6) unfair trade practices; (7) tortious interference with prospective economic advantages; (8) intentional infliction of emotional distress; (9) denial of due process and equal protection; (10) claim for declaratory relief; and (11) permanent injunction.

The superior court granted FMH’s motion to dismiss for failure to state a claim, pursuant to Alaska Rule of Civil Procedure 12(b)(6), dismissing all of Odom’s claims. It awarded FMH attorney’s fees and costs in the amount of $7,220.30. It awarded the doctors and Anesthesia Associates, Inc. attorney’s fees and costs in the amount of $5,520.00. Odom appeals the ruling as to eight of the eleven claims. Odom also appeals the superior court’s order granting attorney’s fees.

III. DISCUSSION

A. Standard of Review

An order dismissing a complaint for failure to state a claim is reviewed de novo. See Kollodge v. State, 757 P.2d 1024, 1026 n. 4 (Alaska 1988). For a complaint to survive a Rule 12(b)(6) motion, the complaint need only allege a set of facts “consistent with and appropriate to some enforceable cause of action.” Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 1983). A complaint should be deemed sufficient, and a motion to dismiss denied, if “evidence may be introduced that will sustain a grant of relief to the plaintiff.” Id. Because complaints should be liberally construed, “[mjotions to dismiss are viewed with disfavor and should rarely be granted.” Kollodge, 757 P.2d at 1026.

B. The Superior Court Improperly Dismissed All of Odom’s Claims Alleging That FMH Violated Alaska’s Antitrust Statute, AS 15.50562-596.

Odom alleges that FMH violated two separate provisions of Alaska’s antitrust act, AS 45.50.562 and AS 45.50.564. He raises three claims: (1) unreasonable restraint of trade,2 (2) group boycott,3 and (3) unlawful monopoly.4 We look to federal precedent when analyzing an antitrust claim. See West v. Whitney-Fidalgo Seafoods, Inc., 628 P.2d 10, 14 (Alaska 1981) (“The legislature intended that Alaska courts would look to Sherman Act cases in construing the [antitrust] Act.”).

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Bluebook (online)
999 P.2d 123, 2000 Alas. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odom-v-fairbanks-memorial-hospital-alaska-2000.