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and his staff appointment was revoked.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.