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RYALS v. ST. MARY-CORWIN REG. MED. CENTER

No. 99SC137.

10 P.3d 654 (2000)

Jarvis D. RYALS, M.D., Petitioner, v. ST. MARY-CORWIN REGIONAL MEDICAL CENTER, a Colorado not-for-profit corporation; Pueblo Radiological Group, P.C., a Colorado professional corporation; Michael E. Ball, M.D., individually and as President of Pueblo Radiological Group, P.C.; Lynn Phelps, M.D.; Mark Forte, M.D.; Marc Johnson, M.D.; Gary Lamonte, M.D.; Mark Mountford, M.D.; Stan W. Jonas, individually and in his capacity as Interim Chief Executive Officer of St. Mary-Corwin Regional Medical Center; Walter Sackett, individually and in his capacity as the Chief Executive Officer of St. Mary-Corwin Regional Medical Center, Respondents.

Supreme Court of Colorado, En Banc.

September 18, 2000.

Attorney(s) appearing for the Case

Caplan and Earnest LLC, Sharon E. Caulfield, Sarah E. Meshak, Boulder, Colorado, Attorneys for Petitioner.

Kennedy & Christopher, P.C., John R. Mann, Daniel R. McCune, Dean A. McConnell, Denver, Colorado, Attorneys for Respondents St. Mary-Corwin Regional Medical Center, Stan W. Jonas and Walter Sackett.

Hogan & Hartson L.L.P., Kathryn Webb Bradley, John W. Cook, H. Thomas Coghill, Denver, Colorado, Attorneys for Respondents Pueblo Radiological Group, P.C.; Michael E. Ball, M.D.; Lynn Phelps, M.D.; Mark Forte, M.D.; Marc Johnson, M.D.; Gary LaMonte, M.D. and Mark Mountford, M.D.

Montgomery, Little & McGrew, P.C., Robert N. Spencer, Englewood, Colorado, Amicus Curiae for Colorado Medical Society.

Ken Salazar, Attorney General, Richard H. Forman, First Assistant Attorney General, Business and Licensing Section, Denver, Colorado, Amicus Curiae for Committee on Anticompetitive Conduct.

Justice KOURLIS delivered the Opinion of the Court.

This case deals with the question of whether a physician is required to file a claim against a hospital that has denied him privileges with the Committee on Anticompetitive Conduct (CAC) rather than with the court. We hold that if the denial of privileges does not arise out of professional review committee activity at the hospital, then the physician need not seek review before the CAC. In this case, St. Mary-Corwin...

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