Attorneys for Carson-Tahoe Hospital claim the courts have no jurisdiction to decide medical issues, according to the hospital's answer to a lawsuit filed by Dr. Kent Skogerson.
"Dr. Skogerson is asking this court to second-guess the hospital's reasonable administrative policies and procedures relating to patient care, which the courts in this state have repeatedly refused to do," hospital attorneys wrote in a motion to dismiss Skogerson's lawsuit. "The right to enjoy medical staff privileges in a community hospital is not an absolute right, but rather is subject to the reasonable rules and regulations of the hospital."
"It's been proven in case after case," said Ed Epperson, chief executive officer at Carson-Tahoe Hospital.
The courts have jurisdiction over other actions in conflict with public policy, like a breach of contract, but Skogerson's charges are founded in the hospital's decision to place a temporary moratorium on bariatric surgeries, the supporting statement argues.
"Plaintiff's artful pleading should not allow him to circumvent the basic policy rule," it said.
Skogerson's suit was filed in Carson City District Court in late January. A surgeon in Carson City for about 18 years, his practice comprises primarily bariatric patients.
The hospital's moratorium, which hospital officials say was imposed to review policies concerning the surgery, started Nov. 21, following the death of a 31-year-old bariatric patient at Carson-Tahoe.
The last resort for patients who have tried but cannot lose weight, the procedure involves either sealing off the stomach to reduce the amount of food absorbed or rearranging the small intestine to reduce the number of calories.
Preparation for the procedure involves numerous tests and consultations over months or even years. Skogerson had 24 patients lined up for the procedure when the program was halted.
In a second lawsuit filed in District Court last week, 28 bariatric patients, or more than a third of the 80-plus patients either scheduled or preparing for surgery, are seeking damages in excess of $40,000 per patient, or a minimum of $3.28 million, should a judge approve the class and all patients join the suit.
The patients are seeking damages for patient abandonment, breach of contract, breach of fiduciary duty, bad faith, negligence, misrepresentation and emotional distress.
The moratorium was lifted Feb. 1, but despite requests by the patients and Skogerson, not one bariatric patient has been scheduled for surgery. The lawsuit alleges the moratorium was imposed to take the bariatric program away from Skogerson.
Epperson said Skogerson has submitted one patient for surgery, but did not provide the necessary medical clearances. Two other patients are scheduled for bariatric surgery with another surgeon.
Contact Susie Vasquez at svasquez@nevadaappeal.com or 881-1212
