Major

When considering quality hospital care, three main interest groups generally come to mind: patients, physicians, and hospital administration. No one could seriously question that the primary goal of physicians and hospital administration is to provide quality medical care. Even so, that does not prevent disputes from arising between these groups, and even within an individual group. Such was the case here, where various problems ultimately led to Memorial Hospitals Association’s decision to change its anesthesiology department from an open staff system to a closed system with an exclusive provider.

The rub occurred when the new exclusive provider did not offer subcontracts to the three plaintiff physicians, all former members of the anesthesiology department’s open staff. Plaintiffs sued based on multiple theories, including alleged violations of the Unruh Civil Rights Act (Civ. Code, § 51), breach of contract, civil conspiracy, and tortious interference with plaintiffs’ professional business relationships. Plaintiffs lost on all counts during a lengthy court trial, and this appeal followed. We affirm.

In the published portions of this opinion, we clarify our holding in…