Makhoul v. Physician Anesthesia Serv., P.C.,
No. 226704 (Mich. Ct. App. Feb. 15, 2002)
Plaintiffs
were anesthesiologists who lost their clinical privileges when the hospital where
they practiced was acquired by another hospital. The acquiring hospital issued
a Request for Proposal to integrate anesthesia services between the two hospitals.
Plaintiffs submitted a proposal but the exclusive contract was awarded to the
anesthesia group that had provided anesthesia services at the acquiring hospital
for a number of years.
The group that was awarded the contract offered employment to one of the three plaintiff anesthesiologists, but no offer was made to the other two. Plaintiffs sued the group, alleging discrimination based upon race or national origin, retaliation and tortious interference with a business relationship. The trial court granted summary judgment to defendant on all claims. Plaintiffs appealed only on the discrimination claims.
The Michigan Court of Appeals affirmed the summary judgment for defendants, holding that plaintiffs failed to present any evidence that defendant's motive for not hiring all three plaintiffs was discriminatory. Defendant specifically maintained that it did not offer employment to two of the plaintiffs because they were incompetent, and offered written statements by surgeons who indicated that they refused to work with two of the plaintiffs because of concerns over their abilities as anesthesiologists.