Preview

Oltz V. St. Peter's Community Hospital

Better Essays
Open Document
Open Document
997 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Oltz V. St. Peter's Community Hospital
Anti-trust laws were established to promote and protect competition. This idea is the anti-trust law proper purpose. The purposes of the laws are not to punish big companies solely on account of their size, or to serve as an alternative set of “consumer protection” laws. The case of Oltz v. St. Peter’s Community Hospital is a different type of anti-trust case in which the hospital allowed a group of anesthesiologists from inside the facility to create an organization that directly eliminated outside competition from Mr. Oltz. The law was broken when the group of anesthesiologists banded together to drive out any form of competition, which resulted in the failure of Mr. Oltz’s business. Initially the organization of anesthesiologist from St. …show more content…
Arbitration is a relatively fast way to arrive upon a decision when two parties are in a dispute. Arbitration has definite benefits such as being flexible and not as formal as a traditional courthouse. Usually, arbitration can be scheduled quicker and with less working parts than a trial. In rare instances, if all parties involved come to an agreement, arbitrators can sometimes create rulings that judges are not allowed to decide. In arbitration, both sides present all evidence to an arbitrator in efforts to prove each side’s case. The arbitrator reaches a final verdict and decides whom the winners and losers are. An arbitrator does the job that a traditional judge or jury would normally do in court if the matter escalated to that point (Hill …show more content…
Anti-trust laws were created top prevent larger companies and organizations from pushing smaller entities out of the ability to fairy compete for business. Mr. Oltz received a settlement from the hospital initially but was later unable to recoup legal fees and damages from the hospital once the trial judge ruled the damages were excessive. This case is a great example of what anti-trust laws were designed to do and who the laws are intended to protect. Mr. Oltz unfortunate encountered difficulty with getting his legal fees paid based upon a technicality, however this case did shed light on the conspiracy at elimination of competition among anesthesiologists in St. Peter’s Community

You May Also Find These Documents Helpful

  • Good Essays

    In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs.com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function after undergoing hip surgery performed by Dr. Salinsky (Showalter,…

    • 875 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Hospitals that implement noncompetitive clauses in their contracts, do so to protect their organization if a current doctor decides to leave and practice elsewhere. The clause states the restrictions of the physician’s practices, including the time period and location. This particular contract restricted Dr. Dominy from performing emergency medical services in only MHM in Bainbridge, Georgia and from having an ownership or financial interest in an entity contracting to provide emergency medical services to that one hospital (Pozgar &…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Case Name: Traine Smith, Appellant v. Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony and Dewayne Thomas, Appellees…

    • 688 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the early 1900s, two women came into hospitals and left with trespasses against their bodies. In the Schloendorff v. Society of New York Hospital case, the patient came in complaining of a stomachache and left with a hysterectomy. In the Mohr v. Williams case, a woman came in with a bad right ear and left with an operated-on left ear. While there are differences between these cases, there are more similarities; both are cases of malpractice and breach of consent, but both have specific particularities. Both cases involve a breach of consent.…

    • 518 Words
    • 3 Pages
    Good Essays
  • Good Essays

    NATURE OF CASE: Review of the restrictions on commercial free speech in relation to the advertisement of specified compounded drugs.…

    • 421 Words
    • 2 Pages
    Good Essays
  • Better Essays

    References: Hammer, Peter J. and Sage, William M. (2003). Critical Issues in Hospital Antitrust Law. Health…

    • 1426 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Similar to arbitration, adjudication is the process by which a decision is made, because parties cannot resolve their own conflict, through…

    • 919 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    grievance

    • 2615 Words
    • 11 Pages

    Arbitration in United States law is a form of alternative dispute resolution; a legal alternative to litigation whereby the parties involved in a dispute agree to submit their respective positions through an agreement or a hearing held in front of a neutral third party often known as an arbitrator for a resolution to the disagreement. In general, arbitration is used as a substitute too the legal systems, particularly when legal processes are viewed as slow, expensive or biased. Arbitration is also used by communities that may lack formal law. Arbitration can also serve a distinct purpose: such as an alternative to strikes and lockouts as a means of resolving labor disputes. Labor arbitration comes in two varieties: interest arbitration, which provides a method for resolving disputes about the terms to be included in a new contract when the parties are unable to agree and grievance arbitration which provides a method for resolving disputes over the interpretation and application of a collective bargaining agreement (SECLaw.com) 2000.…

    • 2615 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    PART III. Control of Uncompetitive Practice 17. 18. 19. 20. 21. Provisions of agreement having effect of lessening competition. Agreements containing exclusionary provisions void. Existence of dominant position. Abuse of dominant position. Action in relation to abuse of dominant position.…

    • 13206 Words
    • 53 Pages
    Powerful Essays
  • Good Essays

    Arbitration

    • 1661 Words
    • 7 Pages

    The success of arbitration largely depends upon the selection of fair, impartial and competent arbitrator. The arbitrator is a creature of agreement between the parties. The parties are given the choice to agree between them, the procedure of appointment of Arbitrator and the number of Arbitrators to be appointed. It is subject to some regulations by law. In the absence of an agreement between the parties with respect to appointment of Arbitrator, the law provides a body of rules to fill the void.…

    • 1661 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    References: Volokh, A. (2014). The New Private Regulation Skepticism: Due Process, Non-Delegation and Anti-trust Challenges . Harvard Journal of Law Public Policy , 13-262.…

    • 2332 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Arbitration “Arbitration is the reference of a matter in dispute to one or more persons called arbitrators.”1 Arbitration is used as an alternative proceeding to litigation. In commercial matters, parties often include a clause for arbitration in the event of disagreement between the parties and a clause is often incorporated in partnership agreements should disputes occur among partners. The contract may include a clause for a sole arbitrator or two arbitrators. An arbitrator does not necessarily have to be a legally trained person, although this is recommended. The advantages of arbitration are: 1. Speedy settlement of the matter: Litigation in the Courts can result in lengthy delays before there is a trial. 2. Privacy: A Court room is a public place. Parties to a dispute may wish not to have their personal or private matters disclosed in that environment neither may they want confidential commercial matters heard in open court. 3. Expenses may be less as the time is shorter than if the matter went to Court. 4. Expert Knowledge : The arbitrator may be an expert in the field of the matter which is disputed. Generally, the disputes are disputes of fact and not of law so the need for a legal mind may be secondary in resolving same. 5. Convenience: The arbitration is held at a place and time convenient to the parties and the arbitrators.…

    • 2923 Words
    • 12 Pages
    Good Essays
  • Best Essays

    “Antitrust enforcement, incl. the enforcement of prohibitions against cartels and the abuse of market dominance (monopolies, oligopolies),…

    • 2542 Words
    • 11 Pages
    Best Essays
  • Better Essays

    Assignment

    • 1511 Words
    • 7 Pages

    Arbitration is a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons by whose decision they agree to be bound. It is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally bind for both sides and enforceable. Within arbitration conflicts tends to occur, Conflict is a characteristic of human existence. It is part of the dynamic of life that drives us into the future. But it needs to be managed constructively. When associated with violence, destruction and killing, it is no longer a healthy part of living. Violent conflict solves few problems, creates many, and breeds more unhealthy conflict to come.…

    • 1511 Words
    • 7 Pages
    Better Essays