Legal Opinion
McLeay v. Bergan Mercy Health Systems Corp.
Nebraska Supreme Court
Decided December 9, 2005No. S-04-117PublishedCited by 1 opinion
1Opinion of the CourtMcCormack, J.
I. NATURE OF CASE
In this appeal, John F. McLeay, M.D., challenges certain actions taken against him by Bergan Mercy Health Systems Corp. (Bergan) preceding Bergan’s suspension of McLeay’s surgical privileges. The district court granted summary judgment in favor of Bergan, finding that Bergan was immune from liability for damages under the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11101 et seq. (2000). McLeay appeals, and Bergan cross-appeals.
II. FACTUAL BACKGROUND
McLeay is a general surgeon in Omaha, where he has been a solo practitioner since 1963. He has also been a…
2Cases cited12 opinions
- Hill v. Heritage Resources, Inc., Texas Court of Appeals, 8th District (El Paso)1998
- Austin v. McNamaraCourt of Appeals for the Ninth Circuit · 1992
- Bryan v. CenterCourt of Appeals for the Eleventh Circuit · 1994
- Eicher v. Mid America Financial Investment Corp.Nebraska Supreme Court · 2005
- Fikes v. FurstNew Mexico Supreme Court · 2003
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3Cited by1 opinion
- McLeay v. Bergan Mercy Health Systems Corp.Nebraska Supreme Court · 2006