Makhoul v. Physician Anesthesia Serv., P.C.

Makhoul v. Physician Anesthesia Serv., P.C.,
No. 226704 (Mich. Ct. App. Feb. 15, 2002)

Plaintiffs
were anesthesiologists who lost their clinical privileges when the hospital where
they practiced was acquired by another hospital. The acquiring hospital issued
a Request for Proposal to integrate anesthesia services between the two hospitals.
Plaintiffs submitted a proposal but the exclusive contract was awarded to the
anesthesia group that had provided anesthesia services at the acquiring hospital
for a number of years.

The group that was awarded the contract offered employment
to one of the three plaintiff anesthesiologists, but no offer was made to the
other two. Plaintiffs sued the group, alleging discrimination based upon race
or national origin, retaliation and tortious interference with a business relationship.
The trial court granted summary judgment to defendant on all claims. Plaintiffs
appealed only on the discrimination claims.

The Michigan Court of Appeals affirmed the summary judgment
for defendants, holding that plaintiffs failed to present any evidence that
defendant’s motive for not hiring all three plaintiffs was discriminatory. Defendant
specifically maintained that it did not offer employment to two of the plaintiffs
because they were incompetent, and offered written statements by surgeons who
indicated that they refused to work with two of the plaintiffs because of concerns
over their abilities as anesthesiologists.