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Odom v. Fairbanks Memorial Hospital Lutheran Health Systems3/17/2000
[No. 5251 - March 17, 2000]
Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Dale O. Curda, Judge.
FABE, Justice, concurring in part and dissenting in part.
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 pro-rated 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 pro-rated 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 privileges be exercised only when [he is] accompanied by and supervised by an anesthesiologist with appropriate qualifications; or
3. [Odom] attend 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
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