ISSUESDr. Guier presents the following issues for review:
1. Whether Dr. Guier was denied his constitutional and statutory right to a contested case hearing when the Agency reversed the burden of proof.
2. Whether the Agency’s breach of the Medical Staff Reappointment Agreement, by refusing to notify Dr. Guier of complaints that had been made against him, its disregard for its own policies, and its persistent concealment of evidence, renders its decision arbitrary and capricious.St. John’s styles the issues as follows:
1. Was the burden of proof applied appropriately in Dr. Guier’s fair hearing? In any event was there substantial evidence to support the Board’s final decision?.
2. Did St. John’s Medical Center provide Dr. Guier procedural due process?
3. Did St. John’s Medical Center act arbitrarily and capriciously?
FACTSTeton County Hospital District, doing business as St. John’s Medical Center, is a Wyoming Governmental Agency organized pursuant to Wyo. Stat. Ann. §§ 35-2-401 through 35-2-404. St. John’s Board of Trustees (Board of Trustees or Board) is an “agency” as defined by Wyo. Stat. Ann. § 16-3-101(b)(i). Medical Staff Bylaws govern the management of the Hospital and were adopted pursuant to Wyo. Stat. Ann. § 35-2-113. As a requirement of continuing medical staff membership, all physicians must periodically submit an application for reappointment. The application for reappointment requires physicians to abide by all of the Bylaws, including those governing standards of professional conduct, and to sign a Code of Conduct resolution.
Judge(s): E. James Burke
Jurisdiction: Wyoming Supreme Court
|Supreme Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Anna Olson||Park Street Law Office|
|Weston W. Reeves||Park Street Law Office|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Mark Kadzielski||Fulbright & Jaworski, LLP|
|Janet Lewis||Janet Lewis PC|
|Thomas Lubnau, II||Lubnau Law Office, PC|