Tate v. Univ. Med. Ctr. of S. Nev. — Nov. 2015 (Summary)

Tate v. Univ. Med. Ctr. of S. Nev.
Case No. 2:09-cv-01748-LDG (NJK) (D. Nev. Nov. 4, 2015)

UPDATE:  reconsideration denied, 2:09-cv-01748-JAD-NJK (D. Nev. May 4, 2016)

The United States District Court for the District of Nevada granted in part and denied in part summary judgment on a physician’s Section 1983 civil rights action, breach of contract, and breach of the covenant of good faith and fair dealing. The court held that the Health Care Quality Improvement Act of 1986 (“HCQIA”) did not provide immunity for the hospital from monetary damages to the physician’s claim alleging a violation of procedural due process rights under Section 1983. However, the court granted the hospital immunity as to the remaining contract claims. It reasoned that the language of HCQIA precluded application of immunity for damages brought “under any law of the United States relating to the civil rights of any persons or persons”; and a claim brought pursuant to Section 1983 was consistent with this portion of the statute. The court also determined that the medical staff could not be held liable for the contract claims.