Kessel v. Monongalia County General Hospital Co.

MAYNARD, Chief Justice:

We are called upon to answer a certified question from the Circuit Court of Mononga-lia County. In the exercise of our discretion, we reformulate the certified question as follows: 1

May a public or quasi-public hospital enter into an exclusive contract with a medical service provider that has the effect of completely excluding physicians who have staff privileges at the hospital from the use of the hospital’s medical facilities. 2

For the reasons that follow, we answer the question in the negative. 3

I

FACTS

The plaintiffs below, Dr. James W. Kessel, Dr. Richard M.…