McGuire v. Baptist Med. Ctr. Arkadelphia

McGuire v. Baptist Med. Ctr. Arkadelphia,
No. CA00-1239 (Ark. Ct. App. Aug. 29, 2001)

A certified nurse anesthetist (CNA) sued a hospital after it terminated its
contract with him and entered into an exclusive contract with an anesthesiologist.
The CNA’s contract with the hospital was terminated pursuant to a "without
cause" clause after the co-owner of the anesthesia company tested positive
for drugs.

The CNA alleged that the hospital administrator promised that he would be allowed
to continue to provide anesthesia services as long as the administrator remained
in charge. In his lawsuit, the CNA alleged that these statements were misrepresentations
and the hospital intended all along to enter into an exclusive contract with
an anesthesiologist.

The CNA sued the hospital and anesthesiologist for deceit, civil conspiracy,
and tortious interference with a business expectancy. The trial court granted
summary judgment for the hospital and the anesthesiologist on all claims. The
appeals court affirmed. It found no deceit because, among other things, the
CNA could not show that he justifiably relied on any representations by the
administrator. It was uncontroverted that the CNA’s contract could be terminated,
without cause, upon 120 days’ notice. It was also uncontroverted that the hospital’s
contract with the CNA did not forbid it, in any way, from entering into contracts
with other anesthesiology providers.

The court also dismissed the conspiracy claim since there was no evidence that
the parties had conspired. Lastly, the court held that there was no tortious
interference with a business expectancy since the CNA’s contract had been canceled
prior to the hospital engaging in a contract with the anesthesiologist.