concurring.
I agree that the by-laws created a contractual relationship between Dr. El-Issa and Regional. I further agree that the procedure stated in the by-laws for processing his re-application for staff privileges was not followed. Nevertheless, through appellate review procedures El-Issa was afforded a full hearing and was given every opportunity to present his case. I liken this action to judicial review after exhaustion of administration remedies in decisions of administrative bodies such as police boards, school boards, full boards for workmen's compensation or review boards for employment security. 'The purpose of administrative appeals is to correct errors committed at lower stages and judicial review is to assess the action of the final level of the administrative action. Otherwise, there would be no point in having hierarchical administrative appeals as exist here. Since El-Issa was afforded a full hearing he was not harmed. The only remaining contention is whether such action was arbitrary and capricious. El-Issa was limited by the requirement of observation by other staff members to 9 out of 109 requested procedures. Some of the 9 procedures were new, some were old. We may not assess the wisdom of the medical staff decision, such is a judgment call. We may only decide if it was arbitrary and capricious. In my opinion, the decision was not arbitrary and eapricious.
Relative to damages, El-Issa argues that because of the observation limitation imposed, a cloud was cast on his practice and he was slandered; people would tend to lose faith in him. Such is the basis for his argument to sustain his damages. He then shows there was a drop in his income. This theory is a tort, defamation, and not contract. I know of no rule which permits such damages for breach of contract. There was not one demonstrable incident which indicated that he lost one patient or one dollar because of not being permitted to practice, unobserved, those 9 procedures. Additionally, he was on the staff with full privileges at Union Hospital, also located in Terre Haute, Indiana. Therefore, the proof of damages is lacking. His theory of damages is wholly conjectural.