Simon J. Pinhas v. Summit Health, Ltd. Midway Hospital Medical Center the Medical Staff of Midway Hospital Medical Center Mitchell Feldman

Appellant Dr. Simon J. Pinhas appeals the dismissal of his action challenging the removal of his staff privileges at Midway Hospital Medical Center (Midway) in Los Angeles. Pinhas alleges claims under section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (1982) and 42 U.S.C. §§ 1983 , 1985(3) (1982). Pinhas also seeks a declaratory judgment that Cal.Bus. & Prof.Code §§ 805, 805.5 (West Supp.1989), and the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101-11152 (Supp. IV 1986), are unconstitutional under the fourteenth amendment. The district court granted appellees’ motion to dismiss all four claims. We reverse the dismissal of the antitrust claim, and affirm the dismissal of the section 1983 claim and request for declaratory judgment.

I

BACKGROUND

Dr. Pinhas is an eye physician and ophthalmological surgeon. He became a member of the medical staff at Midway in October 1981. Reimbursement under Medicare for the charges of an assistant surgeon in the performance of eye surgery became unavailable in February 1986. Pi-nhas alleges that most hospitals in Los Angeles subsequently eliminated their requirement that assistant surgeons be utilized during eye surgeries.…