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CLARK v. COLUMBIA/HCA INFO. SERVS.

No. 29995.

25 P.3d 215 (2001)

Kenneth M. CLARK, Appellant, v. COLUMBIA/HCA INFORMATION SERVICES, INC., A Nevada Corporation; Nevada Psychiatric Company, A Nevada Corporation; Ira Pauly; Phillip Rich; Louis Richnak; John Chappel; Neal Cury; Thomas Bittker; and Jerry Howle, Respondents.

Supreme Court of Nevada.

June 21, 2001.

Attorney(s) appearing for the Case

Mirch & Mirch, Reno, for Appellant.

Osborne Law Office, Reno, for Respondents Pauly, Rich, Richnak, Chappel, Bittker and Howle.

Lionel Sawyer & Collins and Allen J. Wilt and Richard W. Horton, Reno, for Respondents Nevada Psychiatric Company, Cury and Columbia/HCA Information Services, Inc.

Before the Court En Banc.

OPINION ON REHEARING

SHEARING, J.

This case requires that we interpret the federal Health Care Quality Improvement Act (HCQIA).1 We must determine whether the immunity provisions of HCQIA apply so as to bar appellant Kenneth M. Clark's underlying tort and contract claims against respondents.2 We conclude that Clark has overcome the presumption of respondents' immunity by demonstrating by a...

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