Baptist Health Med. Sys. v. Rutledge

This case presents a five, justiciable controversy, and I would reach the merits of the hospitals’ appeal. One purpose of a declaratory-judgment action is for a party to seek a declaration of its rights before waiting |sto be sued. These actions eliminate legal uncertainty and promote efficiency. But under the majority’s view, the hospitals must wait to be sued before they can know their rights under the Peer Review Fairness Act. This result subverts the purpose of the declaratory-judgment action,' something that for all practical purposes the hospitals cannot, enjoy. I respectfully dissent.

Th…