DISCRIMINATION

Ennix v. Stanten, No. C 07-02486 WHA (N.D. Cal. Apr. 28, 2008)

The United States District Court for the Northern District of California denied a hospital's motion for summary judgment in a physician's racial discrimination case, thus paving the way for the case to go to trial.

The hospital had initiated an investigation of the physician after one patient died and three others suffered severe complications following the physician's performance of a new surgical procedure. The physician's privileges were suspended as a result of the investigation, and he was subject to a proctoring requirement. The physician claimed that he was subjected to heightened scrutiny by the hospital because of his race.

The district court noted that a contract between the hospital and the physician was necessary in order to establish the discrimination claim under 42 U.S.C. §1981. The physician argued that he did have a contractual relationship with the hospital based on his being a medical staff member who performed services at the hospital, paid annual membership fees, and complied with the bylaws. The physician also argued that the hospital's receipt of fees related to services he provided resulted in a contractual relationship between him and the hospital.

The court found that a jury could reasonably conclude that there was a contract between the hospital and the physician. The court also found that the physician established a prima facie case of discrimination by asserting that he was treated differently during the peer review process than other physicians and that other members of the operating team were not subject to the same scrutiny. Thus, the court denied the hospital's motion for summary judgment.