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SUMMERS v. ARDENT HEALTH SERVICES, L.L.C.

No. 32,202.

257 P.3d 943 (2011)

2011-NMSC-017

William K. SUMMERS, M.D., Plaintiff-Respondent, v. ARDENT HEALTH SERVICES, L.L.C., and Lovelace Health System, Inc., Defendants-Petitioners.

Supreme Court of New Mexico.

Rehearing Denied May 9, 2011.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Jocelyn C. Drennan , Edward Ricco , Santa Fe, NM, for Petitioners.

Butt, Thornton & Baehr, P.C., Emily A. Franke , Neil R. Blake , Albuquerque, NM, for Respondent.

Bannerman & Johnson, P.A., David C. Johnson , Deborah E. Mann , Albuquerque, NM, for Amicus Curiae New Mexico Hospital Association.

OPINION

SERNA, Justice.

{1} Defendants Ardent Health Services, L.L.C. and Lovelace Health Systems, Inc. terminated the medical privileges of Plaintiff William K. Summers, M.D. following a formal professional review. Plaintiff subsequently filed a lawsuit for damages. Defendants moved for summary judgment under the Health Care Quality Improvement Act (HCQIA), 42 U.S.C. §§ 11101-11152 (1986), which provides immunity from damages for...

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