Thursday, June 9, 2011 | 12:36 p.m.
A doctor won a partial victory today in a federal lawsuit stemming from the suspension of his medical staff privileges at University Medical Center.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Dr. Richard Chudacoff, a Las Vegas obstetrician and gynecologist, should be allowed to sue four other physicians who participated as members of the hospital's Medical Executive Committee in suspending his privileges.
But the court also ruled that other defendants, including UMC and CEO Kathleen Silver, the Clark County Commission and the hospital's medical and dental staff, should be dismissed from the case.
The ruling means that Chudacoff can pursue claims against Drs. John Ellerton, UMC's former chief of staff; Dale Carrison, its current chief of staff; and Marvin Bernstein and Donald Roberts, chief of UMC's Department of Obstetrics and Gynecology.
Chudacoff alleged his civil rights were violated in 2008 when he was informed of the suspension, arguing he wasn't properly informed of the reasons behind that action.
The four doctors claimed they couldn't be held liable because they are private individuals not employed by the hospital. But because UMC is a public hospital, the 9th Circuit panel ruled the doctors acted under the authority of state law.
As Senior Circuit Judge Michael Hawkins wrote in the opinion, "they cannot now escape liability for their direct and personal participation in Chudacoff's unlawful suspension of staff privileges by claiming private conduct."
The case was remanded to U.S. District Court for further proceedings.
Join the Discussion:
Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.
Full comments policy