Magrinat v. Trinity Hosp.

• Decision Date: 04 December 1995
• Docket Number: No. 950266,950266
• Parties: Gaston MAGRINAT, M.D., Plaintiff and Appellee, v. TRINITY HOSPITAL, a/k/a Trinity Medical Center, Defendant and Appellant. Civ.
• Court: North Dakota Supreme Court

Page 625

540 N.W.2d 625

Gaston MAGRINAT, M.D., Plaintiff and Appellee, v. TRINITY HOSPITAL, a/k/a Trinity Medical Center, Defendant

and Appellant.

Civ. No. 950266

Supreme Court of North Dakota.

Dec. 4, 1995.

Richard H. McGee II, of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiff and appellee. Appearance by Jon W. Backes.

Daniel S. Kuntz, of Zuger Kirmis & Smith, Bismarck, for defendant and appellant.

LEVINE, Justice.

Trinity Hospital (Trinity) appeals from a judgment enjoining Trinity from suspending Dr. Gaston Magrinat's privileges to practice medicine at the hospital pending completion of Trinity's investigation of alleged misconduct by Magrinat. We hold the trial court abused its discretion in granting injunctive relief, because the interim suspension was reasonably authorized by Trinity's bylaws, and we reverse the judgment.

The suspension occurred following an incident on June 17, 1995. At about 10:00 p.m. that night, a fifty-six year old man arrived at the hospital complaining of chest pains. A coronary angiogram indicated the patient had partial blockage in several coronary blood vessels and was suffering a heart attack. The patient's doctor, Dr. Philip Perona requested a consultation with Dr. Magrinat, a cardiologist, who arrived at the hospital around midnight. Both doctors agreed coronary bypass heart surgery was ultimately the best medical treatment for the patient, but that conducting an immediate balloon angioplasty procedure to relieve the patient's symptoms was warranted.

Trinity policy requires a surgical backup team for balloon angioplasty unless it is performed as an emergency procedure. No backup team was available, and Dr. Magrinat, who is qualified to perform the procedure, determined an emergency angioplasty was warranted. For reasons not fully explained in this record, the patient's family signed consent documents for the angioplasty procedure requiring the backup surgery team instead of the emergency procedure without surgical backup. When Dr. Magrinat attempted to obtain the necessary equipment to perform the procedure, a hospital lab technician refused to unlock the cabinet which contained the supplies, because the signed consent documents did not authorize the emergency angioplasty without surgical backup. Magrinat acknowledges he "became very upset." Staff members alleged that Dr. Magrinat then, in anger, grabbed a telephone receiver from a technician, "striking her in the eye or the face," bruising her face in the process. He also allegedly told the patient who was suffering the heart attack that "they are going to kill you," and "they are going to let you die," referring to the hospital employees. The patient responded by telling Magrinat he was fired and requesting another cardiologist.

By letter, dated June 23, 1995, Trinity's Chief of Staff, Dr. Michael T. Vandall advised Magrinat he was being summarily suspended for fourteen days because of the incident and that the Executive Committee of the hospital would conduct an investigation to determine the necessity of further discipline or corrective action. Dr. Vandall sent Magrinat a second letter, dated June 28, 1995, advising him the Executive Committee had met and decided an interim suspension of Magrinat's practice privileges "is in the best interests of patient care at Trinity Hospital by preventing potential harm to patients." The letter advised Magrinat the interim suspension would continue "in full force and effect pending the results of a full investigation of your conduct at Trinity Hospital and the final effectiveness of recommendations, if any, regarding further disciplinary or corrective action with respect to you in accordance with the Medical Staff Bylaws of the Medical Staff of Trinity Hospital."

Dr. Magrinat filed a complaint in district court seeking injunctive relief, under Section 32-05-04(1), N.D.C.C., enjoining Trinity from suspending his practice privileges during the investigation. The trial court initially issued a temporary restraining order against Trinity and, following a hearing, entered an order for judgment and final judgment granting Dr. Magrinat the injunctive relief requested. Trinity appealed from the judgment.

Although neither party has raised the issue of appealability, we may consider that issue upon our own motion. Fargo Women's Health v. Lambs of Christ, 488 N.W.2d 401 (N.D.l992). Ordinarily, a temporary injunction before trial is not reviewable by an interlocutory appeal. Sargent County Bank v. Wentworth, 434 N.W.2d 562 (N.D.1989). A final judgment, or the equivalent under Rule 54(b), N.D.R.Civ.P., is necessary for appealability. Barth v. Schmidt, 472 N.W.2d 473 (N.D.1991). The only relief requested by Dr. Magrinat in his complaint was a temporary injunction to enjoin Trinity from suspending his practice privileges during the Executive Committee's investigation. The trial court granted Magrinat the relief he sought and entered judgment. No matter remains pending in the district court, and the judgment was intended to be final, disposing of all issues raised. We conclude the judgment is appealable, the notice of appeal was timely, and this appeal is properly before us.

Dr. Magrinat requested injunctive relief under Section 32-05-04(1), N.D.C.C.:

"When final injunction granted.--Except when otherwise provided by this chapter, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant:

"1. When pecuniary compensation would not afford adequate relief...."

In support of his request, Dr. Magrinat informed the court that if his interim suspension exceeded thirty days, federal law would require Trinity to report Magrinat's suspension to the national practitioner data bank. ¹ That information is available to the public, including potential employers, and Dr. Magrinat asserted the placement of his name in the data bank could, therefore, cause harm to his professional reputation which could not adequately be compensated by monetary damages. Trinity responded that monetary damages would be an adequate remedy for someone whose name is found to have been wrongfully placed in the data bank. Trinity also responded that if the investigation were to clear Dr. Magrinat of any wrongdoing, these results would also be reported to the federal data bank and, thereby, eliminate the possibility of irrevocable harm to Dr. Magrinat. The trial court agreed with Dr. Magrinat that the suspension, which was likely to exceed thirty days pending the investigation, could result in irrevocable harm to his professional reputation, and the court granted the injunctive relief enjoining the interim suspension of Dr. Magrinat's practice privileges.

Section 32-05-04(1), N.D.C.C., authorizes an injunction to prevent the breach of an obligation when damages are insufficient to afford adequate relief. Farm Credit Bank of St. Paul v. Brakke, 483 N.W.2d 167 (N.D.1992). Granting or denying injunctive relief, which is equitable in nature, rests within the sound discretion of the trial court, and the court's ruling will not be reversed on appeal unless there has been an abuse of discretion. State v. Jensen, 331 N.W.2d 42 (N.D.1983). Trinity asserts the trial court abused its discretion in granting injunctive relief to Dr. Magrinat. We agree.

The physicians and surgeons practicing at Trinity are organized as the Medical Staff of Trinity Hospital, and in that capacity they have adopted written bylaws. ² Under Article 13.2(a) of those bylaws, the Chief of Staff is authorized to summarily suspend a practitioner's privileges, without prior hearing, for up to fourteen days, "when there are clear and convincing...