Odom v. Fairbanks Memorial Hospital

Odom v. Fairbanks Memorial Hospital,
No. S-8007 (Alaska, March 17, 2000)

Plaintiff alleged that the termination of his
anesthesiologist agreement and staff privileges
resulted from his announcement of
plans to open an outpatient surgical center, which
potentially would compete with the hospital. In
reversing the lower court’s dismissal of all
claims, the Supreme Court of Alaska determined that
the facts as alleged by the physician, if proven,
were sufficient to sustain the alleged antitrust,
breach of contract, defamation, and emotional
distress claims, and therefore, had been improperly
dismissed. In reinstating plaintiff’s defamation
claim, however, the court, distinguishing this case
from Brown v. Presbyterian Health Services,
101 F.3d 1324 (10th Cir. 1996) (Hospital held liable
for defamation, where Data Bank report falsely
stated reasons for adverse action), held that
claims based on the hospital’s data bank report were
properly dismissed. The court recognized the
immunity granted to health care entities who
accurately report disciplinary action, as per the
Federal mandate, to the National Practitioners Data
Bank. The court determined that the hospital had
accurately reported the reasons for its actions, and
was not required “to defend the underlying
validity of the stated reasons.”