DISRUPTIVE PHYSICIAN
St. James Healthcare v. Cole, No. DA 07-0084 (
Mont. Feb. 12, 2008)
The Supreme Court of Montana upheld a restraining order
prohibiting a radiologist from harassing and intimidating the agents and employees
of the hospital where the physician worked and the individuals with whom the
hospital was negotiating a radiology contract. The supreme court modified the
restraining order, however, holding that insomuch as the terms were overly broad,
the order constituted an unconstitutional restraint of free speech. Specifically,
the court struck down a provision that prevented the physician from telling patients,
prospective patients, or physicians that the radiology services offered by the
hospital or the new radiology provider were in any manner inadequate or unprofessional.
In support of its determination, the court noted that this restriction could
prevent the physician from providing treatment advice to his patients.
