Cowan v. Gibson, 51069
| Decision Date | 12 July 1965 |
| Docket Number | No. 2,No. 51069,51069,2 |
| Citation | 392 S.W.2d 307 |
| Parties | Dr. W. O. COWAN, Plaintiff-Appellant, v. Clovis GIBSON, Earl Sears, Melvin Eggerman, Glenn O'Dell, A. G. O'Dell, Jack Gamble and Martin A. Schilling, Members of the Board of Directors of Lockwood Memorial Hospital Association, and Lockwood Memorial Hospital Association, a Non-Profit Corporation, and Lee A. McNeel, Jr., and Harold A. Bauer, Members of the Medical Staff of Lockwood Memorial Hospital Association, Defendants-Respondents |
| Court | Missouri Supreme Court |
Husch, Eppenberger, Donohue, Elson & Cornfeld, Martin Schiff, Jr., St. Louis, and Donnelly & Donnelly, Robert T. Donnelly, Lebanon, for plaintiff-appellant.
Robert Stemmons, Mt. Vernon, for respondents.
BARRETT, Commissioner.
The appellant, Dr. W. O. Cowan, was denied reinstatement to the medical staff of the Lockwood Memorial Hospital Association the only hospital in Dade County, and, alleging a wrongful conspiracy to exclude him and to injure him in the practice of medicine, sought in this action in two counts actual and punitive damages totaling $350,000 and a declaratory judgment as to his rights and status. The respondents are the hospital, the seven individual members of its board of directors and Dr. Lee A. McNeel, Jr., and Dr. Harold A. Bauer, who together with Dr. Cowan are the only doctors of medicine in the county. And Drs. McNeel and Bauer now comprise the medical staff of the hospital. The trial court sustained the defendants' motion to dismiss both counts of the petition for the reason that they 'bail to state facts upon which relief may be granted' and Dr. Cowan has appealed from the final judgment dismissing his action.
Dr. Cowan graduated from St. Louis University School of Medicine in 1930 and for 20 years has practiced in Greenfield and surrounding area and treated his patients in and was a member of the staff of the hospital. In 1963, allegedly without just cause or reason, Dr. Cowan's application for reinstatement to the medical staff of the hospital was denied precipitating this action. The hospital is a non-profit, tax-exempt, private institution licensed by the state and, as stated, is the only hospital in Dade County. Since the hospital is a private institution (as contrasted with a governmental agency) and the other respondents comprise its staff and board of directors it is not necessary to further detail its operation and support. Because it is a private hospital 'it is generally held that the exclusion of a physician or surgeon from practicing therein is a matter which rests in the discretion of the managing authorities.' Annotation 24 A.L.R.2d 850, 852, and the cases there collected, and since the annotation Shulman v. Washington Hospital Center, D.C., 222 F.Supp. 59; Glass v. Doctors Hospital, Inc., 213 Md. 44, 131 A.2d 254; Khoury v. Community Memorial Hospital, Inc., 203 Va. 236, 123 S.E.2d 533. In view of this admittedly applicable general rule the problem upon this appeal is whether, construing the appellant's petition as it must be viewed upon a motion to dismiss (Royster v. Baker, Mo., 365 S.W.2d 496, 500), there are any allegations which would prima facie remove the cause from the operation of the general rule and therefore entitle him to a hearing of the cause upon its merits.
There is no plainer way to present and understand the problem than to quote, in addition to the already noted averments, paragraphs 5, 6 and 7 of count one:
'5. Plaintiff further states that defendants Lee A. McNeel, Jr., and Harold A. Bauer, individually and collectively, and with malice and intent to oppress the plaintiff, have, for the past year and more, deliberately, wrongfully and unlawfully conspired with each other and with the aforesaid members of the Board of Directors, (naming them individually) to dominate the practice of medicine by licensed physicians and surgeons in Dade County, Missouri; to prevent the plaintiff from acquiring membership upon the medical staff of defendant Lockwood Memorial Hospital Association, which said membership is necessary before plaintiff can properly treat his patients anywhere in Dade County; to interfere with the contractual rights between plaintiff and his patients, and to force plaintiff's said patients to discontinue their contractual arrangements with plaintiff and seek the services of defendants in order to obtain proper medical treatment; and to restrain and eliminate, for their own financial advantage and professional enhancement, the element of fair competition in the field of the practice of medicine in Dade County.
'6. In furtherance of the aforesaid conspiracy defendants did, on or about September 4, 1963, deliberately, wrongfully, unlawfully and maliciously, without any just reason, cause, or excuse, deny or cause to be denied plaintiff's written application for reinstatement on the medical staff of defendant Lockwood Memorial Hospital Association.
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Egan v. St. Anthony's Medical Center
...sergeon whose privileges to practice at the defendant hospital were suspended, asks this Court to rerekamine its holding in Cowan v. Gibson, 392 S.W.2d 307 (Mo.1965), that there may be no judicial review of the staffing decisions of private hospitals. Following that precedent, the circuit c......
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Carter v. St. John's Regional Med. Center, 24247.
...with a business relationship or expectancy. He insists that the elements and proof are different; that based on Cowan v. Gibson, 392 S.W.2d 307 (Mo. 1965), he did not have to prove all elements of an ordinary "tortious interference with contract or business expectancy" case; and that St. Jo......
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Kiracofe v. Reid Memorial Hosp.
...Hospital, Inc., (1973) Fla.App., 273 So.2d 430; Bello v. South Shore Hospital, (1981) 384 Mass. 770, 429 N.E.2d 1011; Cowan v. Gibson, (1965) Mo., 392 S.W.2d 307; Annot., 37 A.L.R.3d 645, 659-61 (1971). Such rule has been said to be the general rule. On the other hand, it has been held that......
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Egan v. St. Anthony's Medical Center
...St. Anthony's moved to dismiss contending that Dr. Egan's lawsuit was precluded by the rule of non-review set forth in Cowan v. Gibson, 392 S.W.2d 307 (Mo.1965), which held that a private hospital's decision regarding its staff is not subject to judicial review. Relying on Cowan, the trial ......