Judge Dismisses Parts of Suit Against Hospital

By: Associated Press
By: Associated Press

A judge has dismissed portions of a lawsuit filed by a gastric bypass surgeon against Carson-Tahoe Hospital.

Dr. Kent Skogerson claimed in his suit that a two-month moratorium on the surgery to treat obesity caused irreparable damage to his practice.

In an order issued Thursday, Senior District Judge Carl Christensen dismissed Skogerson's allegations of fraud, unlawful restraint of trade, unfair business practices and conspiracy.

Among other claims, the suit against the hospital, some board members, administrators and staff also alleges defamation, negligence, breach of fiduciary duty and breach of contract.

The program was suspended in December after a patient died. Hospital officials said they took the action to re-examine policies and procedures to ensure the highest possible degree of patient safety.

In a separate case against the hospital,brought by a group of Skogerson's patients, District Judge Michael Griffin in late June dismissed claims alleging infliction of emotional distress and patient abandonment.

But Griffin allowed the rest of the class-action suit to proceed.

Skogerson contends the hospitals two-month moratorium effectively shut down his practice. He said 19 to 22 of his patients had undergone extensive prescreening requirements and were scheduled for the surgery in December and January.


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