Chudacoff v. Univ. Med. Ctr. of S. Nev (Summary)

IMMUNITY PROVISION IN THE BYLAWS

Chudacoff v. Univ. Med. Ctr. of S. Nev., No. 2:08-cv-00863-RCJ-GWF (D. Nev. Nov. 1, 2013)

The United States District Court for the District of Nevada granted a motion for summary judgment and denied two others filed by a hospital and others in this protracted suit brought by an Obstetrician/Gynecologist (the “OB/GYN”) claiming that the hospital wrongfully suspended his privileges and filed a report with the National Practitioner Data Bank.  Notably, the court allowed the OB/GYN’s contract-based bad faith claim to go to trial.  In doing so, the court held “the Bylaws…only immunize Defendants where their actions are taken in good faith, which is the crux of the present dispute.  Good faith is for the fact-finder in this case.”