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SUMMERS v. ARDENT HEALTH SERVICES, LLC

No. 28,605.

226 P.3d 20 (2010)

2010-NMCA-026

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

Court of Appeals of New Mexico.

Certiorari Granted, March 4, 2010, No. 32,202.

Attorney(s) appearing for the Case

Butt Thornton & Baehr PC, Emily A. Franke, Neil R. Blake, Alfred L. Green, Jr., Albuquerque, NM, for Appellee.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Jocelyn C. Drennan, Edward Ricco, Albuquerque, NM, for Appellants.

OPINION

BUSTAMANTE, Judge.

{1} Plaintiff William K. Summers, M.D. (Dr. Summers) brought suit for damages against Defendants Ardent Health Services, L.L.C. and Lovelace Health System, Inc. (Defendants) after his medical privileges were suspended. Relying on a specific section of the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11112 (1986), Defendants requested summary judgment arguing they were immune because the professional...

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