Odom v. Fairbanks Memorial Hospital Lutheran Health Systems3/17/2000
ional Practitioner Data Bank as mandated by 42 U.S.C. ยง 11111. Gingerich further characterized the reason for Odom's dismissal in this notification as "incompetence/malpractice/negligence." This defamed Odom nationally to all future possible hospital practice positions. (Emphasis in original.)
Odom has pointed to no other instance of defamation in his complaint or his briefing to this court. The only issue that he has raised and discussed is the report to the National Practitioner Data Bank. Because we resolve this issue against Odom, I disagree with the draft's conclusion that other claims of defamation survive.
APPENDIX A
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APPENDIX A
Odom's complaint reads in part:
2. This action arises out of Defendants' combination and conspiracy to unlawfully restrain trade and harm competition in operating room services and anesthesiology services, combination and conspiracy to dominate the relevant market for operating room services and anesthesiological services, and group boycott, all having substantial and injurious effects upon interstate commerce. This action also arises out of Defendants' open-ended and continuous pattern and scheme to defraud, discharge, defame and compete unfairly with Plaintiff in connection with Plaintiff's professional career in general, Plaintiff's professional affiliation with defendants in particular, Plaintiff's plans to develop an outpatient surgery center, which pattern and scheme involves multiple victims, including the general public, has already extended from at least October 5, 1992 to date, and threatens to continue.
3. As more fully set forth below, upon information and belief, defendant anesthesiologists Jerry A. Perisho, M.D., Hoi P. Lee, M.D., Randall K. McGregor, M.D., Steve E. Mancill, M.D., Lawrence W. Stinson, Jr., M.D., and William F. Stoddard, M.D., as well as Defendant Anesthesia Associates, Inc., with the knowledge, participation, and acquiescence of Defendants Fairbanks Memorial Hospital ("FMH" or the "Hospital"), Lutheran Health Systems ("LHS"), Western Health Network ("WHN"), FMH Administrator James H. Gingerich, Assistant Administrator Susan McLane, FMH Quality Assurance Manager Linda Smith, attorney Ronald L. Bliss, Danny R. Robinette, M.D.[,] as well as with other unnamed co-conspirators, who include physicians within the Hospital, and with malice and intent to injure Plaintiff; (a) engaged in a pattern of conduct pursuant to which they improperly removed Plaintiff from the FMH medical staff in bad faith and reported this act to the United States National Practitioner Databank, thus preventing Plaintiff from pursuing his livelihood and practicing his specialty in any hospital[;] (b) fabricated false claims and exaggerated other claims against plaintiff on quality of care issues, used discriminatory criteria in quality of care determinations, and acted in secrecy to further their personal interests rather than those of the patients of the Hospital; (c) subverted the mandated Quality Assurance and Peer Review mechanisms, corrupted the Hospital medical and administrative processes and controls, violated the Hospital Medical Staff Bylaws; (d) concealed the real anti-competitive motives for discharging and replacing Plaintiff, communicated false and fraudulent information on repeated occasions within and outside FMH, within and outside the state, to, inter alia, medical staff, hospital administrators and state agencies regarding Plaintiff's performance; (e) caused Plaintiff to be discharged from the FMH medical staff by improperly influencing FMH Medical Staff procedures in bad faith[;] (f) fabricated additional allegations against plaintiff after his termination from
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