Reference no: EM132961357

Dr. Michael Cuss has had admitting privileges at Hapless Hospital for the past 6 years. Hapless is incorporated as a not-for-profit corporation. Its by-laws provide that the board members must include the city health commissioner, the mayor or his/her delegate, and one city council member. The city has a contract with Hapless in which Hapless agrees to provide care for indigent patients of the city. Payments to Hapless under this contract make up 40% of the Hospitals revenue. The commissioner, mayor and councilperson have been very active on the board.

Dr. Cuss has an abrasive personality and is considered a maverick among the physicians at Hapless. Although Dr. Cuss' relationships at the hospital have never been entirely cordial, there have been no serious problems until recently when he began to expand his practice by employing a nurse practitioner and a physician's assistant (PA). Dr. Cuss is very vocal about the hostility he perceives on the part of the staff at the hospital toward his new employees. He has spoken to the administrator and told him that he would sue the hospital if the administrator, the medical staff or hospital employees interfered with his practice.

The administrator and president of the medical staff last month received letters from several doctors on the staff reporting that the nurse practitioner employed by Dr. Cuss made house calls on patients and that the PA prescribed medications. They also stated that his supervision of the PA was inadequate.

Under a provision in the by-laws, the administrator and the president of the medical staff summarily suspended Dr. Cuss privileges. Their action was discovered and reported by the local newspaper. Many of Dr. Cuss patients left him and his employees resigned.

Dr. Cuss has filed suit against the hospital. What is the basis of his cause of action? What theories of liability will he include? Will he be Successful? Why or why not? Be sure to include all possible theories and rationales.