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McLEAY v. BERGAN MERCY HEALTH SYSTEMS CORP.

No. S-04-117.

708 N.W.2d 592 (2005)

270 Neb. 693

John F. McLEAY, M.D., appellant and cross-appellee, v. BERGAN MERCY HEALTH SYSTEMS CORP., doing business as Bergan Mercy Medical Center, appellee and cross-appellant.

Supreme Court of Nebraska.

December 9, 2005.

Attorney(s) appearing for the Case

David S. Houghton and J.P. Sam King, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellant.

P. Shawn McCann, of Sodoro, Daly & Sodoro, P.C., Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

I. NATURE OF CASE

In this appeal, John F. McLeay, M.D., challenges certain actions taken against him by Bergan Mercy Health Systems Corp. (Bergan) preceding Bergan's suspension of McLeay's surgical privileges. The district court granted summary judgment in favor of Bergan, finding that Bergan was immune from liability for damages under the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U...

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