James Aasum v. Good Samaritan Hospital

Appellant, Dr. James Aasum, is a chiropractic physician licensed by the State Board of Chiropractic Examiners to practice his profession under the laws of the State of Oregon. Appellees are the Good Samaritan Hospital, the hospital’s administrator, Mr. James R. Mol, and the 1971-72 members of its board of directors. Good Samaritan Hospital is a private non-profit corporation accredited by the Joint Commission on the Accreditation of Hospitals. The hospital has received federal funds for building and construction through the Hill-Burton Act, 42 U.S.C. § 291 et seq., and is subject to inspection for health and safety by the Oregon State Board of Health.

For approximately ten years prior to July 1971, Dr. Aasum had been referring his patients to Good Samaritan’s clinical laboratory for laboratory tests. On July 12, 1971, Mol, the hospital administrator, issued a policy directive stating that the use of the hospital’s clinical laboratory facilities were to be limited to members of the hospital medical staff and to physicians licensed by the Oregon State Board of Medical Examiners. The directive had the effect of closing the clinical laboratory facilities of Good Samaritan to…