Legal Opinion · Dissent

Doe v. Community Medical Center, Inc.

Montana Supreme Court

Decided November 24, 2009No. DA 08-0397Published

1DissentJustice Rice

¶48 This decision places the professional reputation of a doctor, suspended for violations of medical ethics, over the health, safety and *393welfare of his patients and of the public. The District Court’s issuance of an injunction preventing CMC from performing its express legal duty to report its investigative suspension of Dr. Doe to the national and state boards of medical examiners has eviscerated the careful process provided and required by 42 U.S.C. §11101, et seq. and §37-3-403, MCA (2007). Because Congress enacted procedural safeguards under the Health Care Quality Improvement Act of…

2Cases cited17 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  3. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
  4. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  5. Sprietsma v. Mercury MarineSupreme Court of the United States · 2002

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