Wash. Court of Appeals published opinion — 318583.pub.pdf

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emergency department call coverage services for the hospital, and he lost the capacity to

serve patients who would have come to him at Kadlec for interventional cardiology

consultations and procedures. It is only those impaired rights that we need address on

appeal.

Kadlec argues that these two rights or opportunities to contract are also

insufficient to state a claim under § 1981.

A. Opportunity to contract to provide call coverage

A doctor cannot practice medicine at Kadlec or use Kadlec's facilities and

equipment without first having been granted privileges in that doctor's field of medicine.

Kadlec medical staff appointments and conferrals of clinical privileges are for two-year

periods. Physicians on active medical staff whose privileges are expiring must submit a

reappointment application. Kadlec's bylaws provide that all medical staff appointments

and privilege delineations are subject to final review and decision by the governing body

of the hospital, which is Kadlec's board of directors. The bylaws provide that the

granting of privileges by Kadlec is completely within the board's discretion.

1
No. 31858-3-III
1 Sam bas ivan v. Kadlec Med Ctr.

Before 2004, cardiologists on staff at Kadlec took call without pay as a condition

of having interventional cardiology privileges at the hospital. In 2004, a group of

physicians successfully pressured Kadlec to pay some of its physicians for on-call time.

On March 29, 2007, Kadlec entered into an Emergency Department Call Coverage

Agreement for interventional cardiology with Dr. Sambasivan. 5 Under the contract, Dr.

Sambasivan agreed to be available to provide services to the hospital's emergency