[Download] "Samaritan Health System v. Superior Court" by Arizona Court of Appeals " eBook PDF Kindle ePub Free

June 09, 2021

eBook details

Title: Samaritan Health System v. Superior Court
Author : Arizona Court of Appeals
Release Date : January 24, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

DEPARTMENT D Appeal from the Superior Court of Maricopa County Cause No. CV 95-09815 The Honorable Donald F. Daughton, Judge JURISDICTION ACCEPTED, RELIEF GRANTED IN PART 1 Samaritan Health Systems (""Samaritan"") filed this special action after the trial court denied its motion for summary judgment which was based, in part, on its alleged statutory immunity from this lawsuit. Dr. Edward L. Schwartz (""Schwartz"") brought the underlying suit seeking damages for breach of contract and wrongful interference with prospective contractual relations (""wrongful interference""). His claims were based upon Samaritan's failure to afford him either notice or a hearing, as required by the Samaritan Health Systems Peer Review Bylaws (""Bylaws""), when it summarily suspended him from the emergency room call list (""ER-Call""). Samaritan responded by arguing that: (1) the Bylaws are not a contract; (2) if they are, it did not breach that contract, and (3) that it is statutorily immune from any action for damages, even if it failed to comply with its own bylaws, because it was conducting peer review. See Ariz. Rev. Stat. Ann. (""A.R.S."") § 36-445.02 (Supp. 1997) (""§ 36-445.02"").