Dr. Butler is a neonatologist. Until February 2010, Dr. Butler was the Medical Director of the Neonatal Intensive Care Unit (“NICU”) at DooPond Children’s Hospital. Dr. Butler also enjoyed privileges at Community Medical Center(“Community”), the local teaching hospital. In December 2009, Community opened a new 65 bed NICU.
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DooPond was concerned that Community was building a “flagship NICU” that would compete with DooPond’s NICU. Consequently, DooPond closed its NICU to certain neonatologists. DooPond also told Dr. Butler (and other physicians inhis private practice group) that if he did not agree to practice exclusively through DooPond, and in particular not at Community, then it would not renew his contract.
DooPond’s actions create a risk of liability for itself under:
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