Sweeney v. Athens Regional Medical Center

• Decision Date: 21 March 1989
• Docket Number: Civ. No. 87-06-ATH(DF).
• Citation: 709 F. Supp. 1563
• Parties: Deborah SWEENEY, Plaintiff, v. ATHENS REGIONAL MEDICAL CENTER, et al., Defendants.
• Court: U.S. District Court — Middle District of Georgia

709 F. Supp. 1563

Deborah SWEENEY, Plaintiff, v. ATHENS REGIONAL MEDICAL CENTER, et al., Defendants.

Civ. No. 87-06-ATH(DF).

United States District Court, M.D. Georgia, Athens Division.

March 21, 1989.

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Mary M. Brockington, A. Jack Hinton, John C. Butters, Atlanta, Ga., William H. Moore, Jr., Savannah, Ga., James F. Ponsoldt, Athens, Ga., for plaintiff.

Warner S. Currie, Lynn M. Roberson, Swift, Currie, McGee & Hiers, Atlanta, Ga., Emmet J. Bondurant, Bondurant, Mixson & Elmore, Earl W. Gunn, Sidney F. Wheeler, Long, Weinberg, Ansley & Wheeler, Terrance C. Sullivan, Hart & Sullivan, P.C., Atlanta, Ga., Gary M. Blasingame, J. Edward Allen, Jr., Athens, Ga., for defendants.

FITZPATRICK, District Judge.

Plaintiff Deborah Sweeney, a certified nurse-midwife, brought the above-referenced action against the Athens Regional Medical Center (ARMC), the Athens Women's Clinic (AWC), Athens Obstetrics and Gynecology, P.C. (AO & G), and certain doctors connected with AWC and AO & G. In her original Complaint, Plaintiff Sweeney alleged violations of the Sherman Act, 42 U.S.C.A. § 1983, and various provisions of State law. All Defendants have moved for summary judgment as to each claim asserted by Plaintiff Sweeney. In an Order dated February 3, 1989, 705 F.Supp. 1556, this court granted summary judgment in favor of ARMC on all claims asserted against it. The instant Order will address the two motions for summary judgment that remain pending in this case.

I. INTRODUCTION

In her seven-count Complaint, Plaintiff Sweeney asserted four claims against AWC and its doctors and against AO & G and its doctors. In addition to these four claims, Ms. Sweeney asserted two claims solely against AWC and its doctors. The four claims asserted against both groups of doctors are as follows: (1) a Sherman Act claim; (2) a claim under O.C.G.A. § 16-10-22 alleging an unlawful combination or conspiracy in restraint of free and open competition in transactions with state or political subdivisions; (3) a claim under Georgia law alleging tortious interference with Ms. Sweeney's contractual and business relationships with ARMC and St. Mary's Hospital; and (4) a claim under Georgia law alleging intentional infliction of emotional distress. The two additional claims asserted against AWC and its doctors include (1) a slander claim; and (2) a claim under O.C.G.A. § 10-1-370 et seq., and O.C.G.A. § 10-1-390 et seq., alleging unfair and deceptive business practices. The two claims asserted only against AWC and its doctors were brought as the result of certain statements made by Defendant Mercer to Ms. Sweeney on January 16, 1986. After setting forth a brief statement of facts, the court will address first the four claims common to both groups of doctors and conclude by addressing the two additional claims asserted against AWC and its doctors.

II. BACKGROUND

In its Order of February 3, 1989, the court set forth a detailed statement of the alleged facts in this matter. Sweeney v. Athens Regional Medical Center, 705 F.Supp. 1556 (M.D.Ga.1989). Those facts need not be restated here, but it will be necessary to set forth additional facts relevant to the claims asserted against AWC, AO & G, and the Defendant physicians.

Ms. Sweeney is licensed by the State of Georgia as a registered nurse and is certified as a nurse-midwife by the American College of Nurse Midwives. Deposition of Deborah Sweeney, pp. 110-11, 114-16, 134 (hereinafter Sweeney Dep.). During her time in Athens, Ms. Sweeney has worked as a labor and delivery nurse at ARMC and at St. Mary's Hospital, and as an instructor for the Medical College of Georgia (MCG) in a satellite program for nursing students offered at ARMC. Affidavit of Deborah Sweeney, ¶ 2 and Exhibit B attached to her Affidavit (this affidavit is attached as Exhibit 1 to Ms. Sweeney's Brief in Opposition to ARMC's Motion for Summary Judgment).

At all times relevant to this suit, both AWC and AO & G were professional partnerships with their principal places of business in Athens, Georgia. All the Defendant doctors were connected either with AWC or with AO & G. These doctors, who specialize in delivering babies, practice primarily in the Athens, Georgia area. The AWC doctors handle many of the deliveries at ARMC, and the AO & G doctors do the same at St. Mary's. Deposition of John F. Elder, M.D., p. 9 (hereinafter Elder Dep.).

In the spring of 1985, Ms. Sweeney started a private business called "Family Birth." Sweeney Dep., pp. 13, 23. "Family Birth" offered a childbirth alternative to women in the Athens area in which nurse-midwives, not doctors, provided prenatal care to expectant mothers as well as complete assistance during the delivery. Id. In the summer of 1985, Ms. Sweeney placed an advertisement for "Family Birth" in a local newspaper. Because Ms. Sweeney's responsibilities with "Family Birth" increased during the latter part of 1985, beginning in January of 1986, she reduced her teaching load at MCG to half-time. Id. at pp. 89-91.

In the fall of 1985, shortly after Ms. Sweeney had advertised "Family Birth," those doctors comprising the Department of Obstetrics at ARMC and the Department of Obstetrics at St. Mary's met jointly to discuss Ms. Sweeney's business. Deposition of William J. Hardman, M.D., pp. 22-26. As a result of this meeting, the Chief of Obstetrics at ARMC and the Chief of Obstetrics at St. Mary's wrote a joint letter which they mailed to the chief administrators at each of the two Athens Hospitals. The letter, which was written on the stationery of the Defendant doctors practicing at AWC, began as follows:

We have in our community a medical practice that we, as obstetricians, feel must be eliminated. Amy Hathaway, CNM, and Debbie Sweeny sic, CNM, are doing home deliveries without qualified physician supervision....

Letter from Dr. Robert E. Kelley, Jr. and Dr. William J. Hardman, Jr., dated Nov. 19, 1985 (a copy of the letter is attached as Plaintiff's Exhibit 1 to Dr. Mercer's deposition). In subsequent departmental meetings, the doctors of AWC discussed whether Ms. Sweeney and her students should be allowed access to those hospital patients who were under their care at ARMC. Deposition of Cynthia A. Mercer, M.D., pp. 120-26 (hereinafter Mercer Dep.).

Subsequently, on January 16, 1986, at the nurses' station of the labor and delivery unit at ARMC, Defendant Mercer allegedly accused Ms. Sweeney of (1) practicing illegal medicine; (2) practicing without a back-up physician; (3) exposing patients to unnecessary risks; (4) failing to inform patients of risks; (5) being poorly trained as a midwife; and (6) being irresponsible for the welfare of her patients. Complaint, ¶ 21. According to Ms. Sweeney, Defendant Mercer made her accusations in the presence of several people including nurses, students, and patients. Id.

Shortly after the confrontation between Dr. Mercer and Ms. Sweeney, the doctors of AWC agreed to prohibit Ms. Sweeney and her students from having access to patients under their care at ARMC. Mercer Dep., pp. 36-37. These doctors communicated their agreement to ARMC orally, and confirmed the agreement in writing. The letter, dated February 5, 1986, stated:

... we simply cannot allow our patients to be exposed to students who are being instructed by one who advocates the home delivery concept.

Letter from Drs. R. Smith, L. Smith, Lyons and Mercer to Mr. Martin Sparks, Director of Nursing at ARMC, dated Feb. 5, 1986 (a copy of the letter is attached as Plaintiff's Exhibit 4 to Dr. Mercer's deposition). When presented with the request of the AWC doctors that their patients not be seen by Ms. Sweeney or her students, ARMC officials agreed to enforce the request.

Ms. Sweeney contends that the AWC doctors wanted to eliminate her "Family Birth" business since it directly competed with their own childbirth practice. According to Ms. Sweeney, certain doctors from AWC attempted to persuade other physicians to stop performing "back-up" for Ms. Sweeney's home deliveries.¹ Allegedly, the AWC doctors also attempted to persuade other physicians to prohibit Ms. Sweeney or her students from seeing their patients.

One of these other physicians was Dr. Kaushik Shah. Dr. Shah testified that the Department of OB-GYN at ARMC had adopted an official policy that none of its doctors would provide back-up for planned home births. Specifically, he stated:

... Now when I say by no means I can afford to jeopardize my position, because there was an official ... standard of the Department of OB-GYN that we do not do back-up.

Deposition of Kaushik Shah, M.D., p. 122 (hereinafter Shah Dep.). Dr. Shah confirmed this fact by testifying as follows:

Q: ... I believe you indicated that there was an official position taken by the Department of OB-GYN regarding providing back-up to home deliveries, is that correct?

A: Official position not to support home delivery?

Q: That was a position taken by the Department of OB-GYN?

A: Yes, in the departmental meeting.

Id. at p. 123. Dr. Shah further testified that both Dr. Kelley and Dr. Elder had asked him whether he was providing backup for Ms. Sweeney. Id. at pp. 101-03. During his deposition, Dr. Shah also testified that Dr. Mercer asked him to prohibit Ms. Sweeney and her patients from having access to his patients. His testimony, in pertinent part, was as follows:

I don't recall, again, the exact chronology, but I mentioned ... a discussion with Dr. Mercer in the midwife meeting, and I don't know when exactly that meeting happened, that she said that she was surprised that my name is linked to that and she asked me would I allow my patients to be taken care by the students of Debby Sweeney. And I said sure, I have no objection.... She said, look, we should not do this and that's the only way we can keep Ms. Sweeney out.

Id. at 105-06. Dr. Shah further stated:

Dr. Mercer asked me that she is really surprised, me allowing

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