Gordon v. Lewistown Hospital,
Civil No. 1:CV-99-1100 (M.D.Pa. July 11, 2003)

The United States District Court for the Middle District of Pennsylvania dismissed an antitrust suit against a hospital filed by a physician with a long history of disruptive behavior. Dr. Gordon's staff privileges were first suspended in 1992. He was suspended again several years later for, among other actions, making harassing phone calls to patients, criticizing another physician on the medical staff, and screaming obscenities at operating room nurses. Following this suspension, Dr. Gordon was reappointed to the medical staff, subject to several "Conditions of Reappointment." By these Conditions, Dr. Gordon agreed to refrain from calling patients, use proper administrative channels for voicing complaints, and otherwise comply with the rules and regulations of the hospital. Soon thereafter, Dr. Gordon committed multiple violations of the Conditions of Reappointment and his staff appointment was revoked. Dr. Gordon sued, alleging that the hospital's actions violated the federal antitrust laws. The court disagreed, noting that any detrimental effect resulting from the revocation of Dr. Gordon's staff privileges were caused by Dr. Gordon himself, not by the hospital. As the court stated, "[h]ad Dr. Gordon not violated the Conditions, he would not have been excluded." The court also found that Dr. Gordon failed to prove other required elements of his various antitrust claims.