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Brinton v. IHC Hospitals12/29/1998
the District Court
In the district court, Dr. Brinton alleged nine causes of action and three claims for injunctive or declaratory relief. Both IHC and Dr. Brinton agreed that the Bylaws, which included the FHP, constituted a contract governing Dr. Brinton's privileges. The fundamental basis for Dr. Brinton's claims was that IHC had violated his contractual fair process rights as outlined in the Bylaws and the FHP.
IHC filed a motion for summary judgment, and Dr. Brinton filed a cross-motion for partial summary judgment. The district court granted summary judgment in favor of IHC, with one minor exception, and denied Dr. Brinton's motion for partial summary judgment. The district court found that there remained a disputed issue of material fact as to Dr. Brinton's claim that the Hospital had, in an isolated incident, altered 11 sets of Board meeting minutes with fraudulent intent. However, in its order denying Dr. Brinton's motion to reconsider, the court determined that the "alleged fraudulent alteration of Board minutes rais no justiciable cause of action."
In an order dated May 10, 1995, the court held that all of Dr. Brinton's claims depended upon his ability to show that the Hospital had violated its contractual fair process obligations. The court held that the only claims not waived, other than those issues Dr. Brinton did timely raise in the February 1993 appellate hearing before the Board, were (1) his contentions that the February 1993 appellate review violated the Bylaws by allowing ex parte contacts with IHC personnel and by allowing unauthorized persons to remain present during the review deliberation, and (2) his argument that the Second Amended Terms of Probation were void from the outset because the Board had not properly approved them. The court held that neither allegation constituted a failure to substantially comply with the Bylaws and that Dr. Brinton had not shown prejudice creating a material issue of disputed fact. The district court also held that IHC was immune from civil liability pursuant to its own Bylaws, the Utah Medical Practice Act, Utah Code Ann. § 58-12-43(7) (Supp. 1993), and the Federal Health Care Quality Improvement Act ("HCQIA"), 42 U.S.C. §§ 11101-52.
II. SCOPE OF APPEAL AND GOVERNING LAW
On review of summary judgment, we give no deference to the trial court's Conclusions but review them for correctness. See Hansen v. Mountain Fuel Supply Co., 858 P.2d 970, 972 (Utah 1993).
Dr. Brinton now makes only a cursory attempt to argue that certain of his tort claims and his antitrust claim can survive without a finding of a material violation of his contract with the Hospital. He has failed to brief any substantial arguments and offers no citations to support his assertions that his non-contract claims are independently supportable without a demonstrated violation of his contract with IHC. Therefore, we do not address them. See Walker v. U.S. Gen., Inc., 916 P.2d 903, 908 (Utah 1996) (declining to address argument alleging fraud because improperly briefed by appellant).
In applying contractual fair process provisions such as in this case, courts have made clear that hospitals are entitled to exercise good faith medical judgment, which courts should not lightly question in subsequent civil suits. It is procedural fairness, based on a substantial compliance standard, that is at the heart of a review proceeding such as this. Substantively, we give great deference to a hospital's decision to decide whether medical standards of practice have been met.
he decision of a private hospital to revoke, suspend, restrict . . . clinical privileges of a medical staff member is subject to li
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