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Hughes v. ST. JAMES COMMUNITY HOSPITAL, INC.

Court: Montana Supreme Court
Date filed: 2009-05-27
Citations: 2009 MT 190
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                                                                                        May 27 2009


                                          DA 08-0394

               IN THE SUPREME COURT OF THE STATE OF MONTANA
                                         2009 MT 190N



EUGENE F. HUGHES, JR., M.D.,

              Plaintiff and Appellant,

         v.

ST. JAMES COMMUNITY HOSPITAL, INC., a Montana
non-profit corporation, and the MEDICAL STAFF OF ST. JAMES
COMMUNITY HOSPITAL, an unincorporated association,

              Defendants and Appellees.


APPEAL FROM:          District Court of the Second Judicial District,
                      In and For the County of Butte/Silver Bow, Cause No. CV 01-182
                      Honorable Loren Tucker, Presiding Judge


COUNSEL OF RECORD:

               For Appellant:

                      James M. Kommers; Kommers Law Firm, P.C.; Bozeman, Montana

               For Appellees:

                      Gregory G. Murphy; Moulton, Bellingham, Longo & Mather, P.C.;
                      Billings, Montana



                                                  Submitted on Briefs: April 29, 2009

                                                             Decided: May 27, 2009


Filed:

                      __________________________________________
                                        Clerk
Justice Jim Rice delivered the Opinion of the Court.

¶1     Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal

Operating Rules, as amended in 2003, the following memorandum decision shall not be

cited as precedent. It shall be filed as a public document with the Clerk of the Supreme

Court and shall be reported by case title, Supreme Court cause number and result to the

State Reporter Publishing Company and West Group in the quarterly table of noncitable

cases issued by this Court.

¶2     This Court has previously reviewed issues related to the actions of Appellant

Eugene F. Hughes, M.D., which led to the revocation of his medical privileges at St.

James Community Hospital at issue in this case. For the sake of brevity, we will not

restate those facts, which can be found at Hughes v. Pullman, 2001 MT 216, 306 Mont.

420, 36 P.3d 339 (“Hughes I”) (affirming the District Court’s entry of summary judgment

on Hughes’ false imprisonment and civil conspiracy claims against members of St.

James’ Medical Staff); and Hughes v. Mont. Bd. of Med. Examrs., 2003 MT 305, 318

Mont. 181, 80 P.3d 415 (“Hughes II”) (affirming the District Court’s conclusion that the

Board did not err by determining that Hughes was not under duress when he signed a

stipulation with the Board admitting his actions against the complaining patient were

unprofessional).

¶3     In this case, Hughes asserts that his hospital privileges were wrongfully revoked.

He alleged seven claims in his complaint based in contract, negligent and intentional tort,

defamation, and deprivation of constitutional rights, and sought damages against both St.

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James and the Medical Staff. The District Court entered summary judgment in favor of

the Defendants.

¶4     Hughes argues extensively that the peer review statute, § 37-2-201, MCA, is

unconstitutional, both on its face and as applied to him. He offers truncated arguments in

support of each of the seven counts of his complaint, asserting the District Court erred by

granting summary judgment to the Defendants on those claims. He also argues the

District Court erred by reviewing certain documents generated during the peer review

process.

¶5     It is unnecessary to address Hughes’ arguments challenging the constitutionality of

the peer review statute. The District Court noted that Hughes failed to provide the

Attorney General with timely notice of his constitutional challenge, Boettcher v. Mont.

Guar. Fund, 2006 MT 127, ¶ 11, 332 Mont. 279, 140 P.3d 474, and Hughes’ conduct was

unprofessional as a matter of law and violated the governing bylaws and Ethical and

Religious Directives of the Hospital. Hughes I and II. The Hospital thus possessed

discretion to revoke Hughes’ staff privileges. North Valley Hosp. v. Kauffman, 169

Mont. 70, 544 P.2d 1219 (1976). The Medical Staff acted pursuant to the role provided

to it by the bylaws on behalf of the Hospital and not as an unaffiliated association.

Hughes was provided notice of the allegations of unprofessional conduct, had an

opportunity to be heard, and enjoyed the assistance of counsel. Even though Hughes

asserts that the Defendants acted with malicious intent, the Hospital nonetheless had the




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discretion to remove Hughes from the Medical Staff based upon his stipulation that he

acted unprofessionally.

¶6       It is appropriate to decide this case pursuant to our Order of February 11, 2003,

amending Section I.3 of our 1996 Internal Operating Rules and providing for

memorandum opinions. It is manifest on the face of the briefs and the record before us

that the appeal is without merit because the findings of fact are supported by substantial

evidence, the legal issues are clearly controlled by settled Montana law which the District

Court correctly interpreted, and there was clearly no abuse of discretion by the District

Court.

¶7       We affirm the judgment of the District Court.


                                                   /S/ JIM RICE


We concur:


/S/ W. WILLIAM LEAPHART
/S/ JOHN WARNER
/S/ PATRICIA COTTER
/S/ BRIAN MORRIS




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