Alan D. Gordon, M.D. Alan D. Gordon, M.D., P.C., a Corporation Mifflin County Community Surgical Center, a Corporation v. Lewistown Hospital

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting quick look analysis and applying rule of reason where restraint was vertical
• explaining what conduct professional review actions may address to address a physician’s unprofessional conduct as well as matters raising concerns for patients or patient care
• “The whole of the evidence simply does not exclude the possibility that the Hospital acted independently in undertaking its professional review actions[]”
• “The essence of a Section 1 claim is the existence of an agreement.”
• plaintiff bears burden of proving disputed professional review process was not reasonable and thus did not meet standard for immunity under HCQIA
• “The immunity provided by the HCQIA for persons engaging in the peer review process is limited to damages liability . . . Disciplined physicians may still maintain actions for injunctive or declaratory relief.”

Source: CourtListener parenthetical corpus (CC0).