Hessein v. Am. Bd. of Anesthesiology, Inc. — Oct. 2015 (Summary)

DUE PROCESS

Hessein v. Am. Bd. of Anesthesiology, Inc.
No. 15-2249 (3d Cir. Oct. 7, 2015)

The United States Court of Appeals for the Third Circuit affirmed summary judgment against an anesthesiologist who brought violation of due process claims, Sherman and Clayton Act claims, and state law claims of defamation, tortious interference with contract, and breach of contract against the American Board of Anesthesiology (“Board”) and two of its members.

The anesthesiologist had his license temporarily suspended in two states as a result of an indictment for conspiracy, theft by deception, and numerous counts of health insurance fraud. The Board then revoked his certifications in anesthesiology and pain management.

The court held that the violation of due process claims must fail because the Board was a private association, not a state actor. The court also rejected the anesthesiologist’s claim that the Board and state medical boards conspired to disrupt his practice and revoke his certifications, noting those decisions were independent actions of each entity. The court further rejected the argument that the Board had a monopoly on the specialties of the anesthesiologist, stating the anesthesiologist was not seeking to end the anti-competitive behavior; he was seeking to join it. Lastly, with regard to the anesthesiologist’s state law claims, the court held the Board applied its rules and regulations regarding the revocation of the anesthesiologist’s certification fairly and in good faith. The court found that the Board breached no duty of care owed to the anesthesiologist, breached no contract with him, and did not defame him by posting on the Board’s website that the anesthesiologist’s certifications had been revoked.