CROW v. PENROSE-ST. FRANCIS HEALTHCARE SYS.

No. 06SA323.

169 P.3d 158 (2007)

In re Jimmie R. CROW, M.D., Plaintiff v. The PENROSE-ST. FRANCIS HEALTHCARE SYSTEM, d/b/a Penrose-St. Francis Health Services, Defendant.

Supreme Court of Colorado, En Banc.

October 15, 2007.


Attorney(s) appearing for the Case

Jones & Keller, P.C., Thomas P. McMahon, Denver, Colorado, Attorneys for Plaintiff.

Kutak Rock LLP, Melvin B. Sabey, Mark L. Sabey, Denver, Colorado, Attorneys for Defendant.

Montgomery, Little, Soran & Murray, P.C., Richard L. Murray, Jr., Greenwood Village, Colorado, Jon N. Ekdahl, Leonard A. Nelson, Chicago, Illinois, Attorneys for Amici Curiae American Medical Association, Colorado Medical Society, and American College of Surgeons.

Cristiano Law, LLC, Francis v. Cristiano, Greenwood Village, Colorado, Schoenwald Sanger and Thompson LLC, Julia T. Thompson Denver, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers.

Kennedy Childs & Fogg, P.C., John R. Mann Denver, Colorado, Attorneys for Amicus Curiae Colorado Hospital Association.

John W. Suthers, Attorney General, Donald D. Domenico, Solicitor General, Diana E. Black, Deputy Attorney General, Claudia Brett Goldin, First Assistant Attorney General, Sue Y. Kim, Assistant Attorney General, Denver, Colorado, Attorneys for Amici Curiae Colorado Board of Medical Examiners and Committee on Anticompetitive Conduct.


Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

At issue here is a physician's ability to obtain judicial relief when his hospital staff privileges have been suspended pending completion of the peer review process. The Penrose-St. Francis Healthcare System ("the Hospital") asks this court to overturn a trial court ruling allowing Dr. Jimmie R. Crow to bring a civil action against the Hospital seeking injunctive relief and asserting...

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