Elena Ezpeleta, M.D. v. Sisters of Mercy Health Corp., a Michigan Corp., 800 F.2d 119 (7th Cir. 1986). · Go Syfert
Elena Ezpeleta, M.D. v. Sisters of Mercy Health Corp., a Michigan Corp., 800 F.2d 119 (7th Cir. 1986). Cases Citing This Book View Copy Cite
40 citation events (8 in the last 25 years) across 16 distinct courts.
Strongest positive: Gibson v. Chrysler Corp. (ca9, 2001-08-20)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 25 distinct citers.
discussed Cited as authority (rule) Gibson v. Chrysler Corp.
9th Cir. · 2001 · confidence medium
Cf. Patrick v. Burget, 486 U.S. 94 , 108 S.Ct. 1658 , 100 L.Ed.2d 83 (1988); Lim v. Central DuPage Hosp., 972 F.2d 758 (7th Cir.1992); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986).
cited Cited as authority (rule) ca9 2001
9th Cir. · 2001 · confidence medium
Cf. Patrick v. Burget, 486 U.S. 94 (1988); Lim v. Central DuPage Hosp., 972 F.2d 758 (7th Cir. 1992); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir. 1986).
cited Cited as authority (rule) North Colorado Medical Center, Inc. v. Nicholas
Colo. · 2001 · confidence medium
Hosp., 844 F.2d 411, 418 (Tth Cir.1988); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986); Goss v. Memorial Hosp.
discussed Cited as authority (rule) Freilich v. Board of Directors of Upper Chesapeake Health, Inc.
D. Maryland · 2001 · confidence medium
See Pinhas v. Summit Health, Ltd., 894 F.2d 1024, 1034 (9th Cir.1989) (finding that a private hospital’s decision to terminate a physician’s staff privileges was not converted into state action because the decision was made pursuant to a state-mandated peer review process); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122-23 (7th Cir. *692 1986) (same); see also Boyer v. LeHigh Valley Hospital Center, Inc., 1990 WL 94088 , at 3 (E.D.Pa.1990) (rejecting argument that adherence to the HCQIA supplies the requisite federal action).
discussed Cited as authority (rule) Brown v. Medical College of Ohio
N.D. Ohio · 1999 · confidence medium
Although a hospital peer review does not ordinarily constitute state action for purposes of § 1983, Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986), the fact that MCO is a state agency creates state action in this case.
discussed Cited as authority (rule) Croy v. A.O. Fox Memorial Hospital
N.D.N.Y. · 1999 · confidence medium
Sys., 789 F.2d 353 (5th Cir.1986), cert. denied, 510 U.S. 821 , 114 S.Ct. 79 , 126 L.Ed.2d 47 (1993)); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986); Crowder v. Conlan, 740 F.2d 447 (6th Cir.1984).
cited Cited as authority (rule) Rimpson v. Bliss & Laughlin Steel
N.D. Ill. · 1998 · confidence medium
Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986).
discussed Cited as authority (rule) Forsyth v. Humana, Inc.
D. Nev. · 1993 · confidence medium
Harris at 16-22 (Humana Insurance's share of Clark County residents covered by commercial health insurance was the following — 1984/4%, 1985/18%, 1986/24%, 1987/17%, 1988/15%); Barry v. Blue Cross of California, 805 F.2d 866, 870-74 (9th Cir.1986); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 121-122 (7th Cir.1986). 19 .
discussed Cited as authority (rule) Vakharia v. Swedish Covenant Hospital
N.D. Ill. · 1993 · confidence medium
Collins v. Associated Pathologists, Ltd., 844 F.2d 473 , 480 n. 5 (7th Cir.1988), cert. den. 488 U.S. 852 , 109 S.Ct. 137 , 102 L.Ed.2d 110 (1988); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 121-22 (7th Cir.1986), implied overruling on other grounds recognized by Lim v. Central DuPage Hosp., 972 F.2d 758, 761 (7th Cir.1992); Dos Santos v. Columbus-Cuneo-Cabrini Medical Center, 684 F.2d 1346, 1353 (7th Cir.1982).
discussed Cited as authority (rule) Jit Kim Lim v. Central Dupage Hospital, a Corporation, George Holzhauer, Peter Brusca
7th Cir. · 1992 · confidence medium
On August 25, 1986, the plaintiff filed an antitrust claim in the district court alleging that the initiation of the peer review process was part of a conspiracy “to ostracize and destroy plaintiff’s medical practice.” Two days later in Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986), we stated that “any future antitrust challenges to decisions regarding staff privileges under the Indiana medical peer review process may be deemed frivolous because of the clear bar of the state action doctrine.... ” When the defendants moved for dismissal of the complaint o…
discussed Cited as authority (rule) TARABISHI v. McALESTER REGIONAL HOSPITAL
10th Cir. · 1991 · signal: cf. · confidence medium
Cf. Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986) (per curiam) (even though antitrust claim is barred by state action doctrine, section 1983 claim is unavailable because there is no state action in decision to terminate physician's staff privileges). 7 Immunity under the LGAA was apparently not an issue in Buckley 8 We note that recently, however, the Ninth Circuit has ruled that a hospital district is not immune under the state action doctrine, without specifically discussing immunity under the LGAA.
discussed Cited as authority (rule) Tarabishi v. McAlester Regional Hospital
10th Cir. · 1991 · signal: cf. · confidence medium
Cf. Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986) (per curiam) (even though antitrust claim is barred by state action doctrine, section 1983 claim is unavailable because there is no state action in decision to terminate physician’s staff privileges). .
cited Cited as authority (rule) Tomczyk v. Blue Cross & Blue Shield United of Wisconsin
E.D. Wis. · 1989 · confidence medium
Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986).
discussed Cited as authority (rule) William Allen Spencer v. Bumyong Lee, M.D., and St. Elizabeth Hospital (2×)
7th Cir. · 1989 · confidence medium
See also Tunca v. Lutheran General Hospital, 844 F.2d 411, 414 (7th Cir.1988); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986).
discussed Cited as authority (rule) McAdams v. Salem Children's Home
N.D. Ill. · 1988 · confidence medium
Both in Section 1983 and the Fourteenth Amendment contexts, we must determine whether “the alleged infringement of federal rights [may be] fairly attributable to the state?” Tunca, 844 F.2d at 414 , quoting Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986).
discussed Cited as authority (rule) Metz v. Transit Mix, Inc.
N.D. Ind. · 1988 · confidence medium
Although Transit Mix suggests that the court should exercise its discretion to deny the request for front pay because the Knox plant is a marginal operation in terms of profitability, see McNeil v. Economics Laboratory, Inc., 800 F.2d at 119, the record does not conclusively support such a finding.
discussed Cited as authority (rule) Koller v. Aetna Life Insurance (2×) also: Cited "see"
E.D. Wis. · 1988 · confidence medium
Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986) [T]he “ultimate issue in determining whether a person is subject to suit under section 1983 is the same question posed in cases arising under the Fourteenth Amendment: is the alleged infringement of federal rights fairly attributable to the State?’ ” [citations omitted] The state normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the state, [cit…
cited Cited as authority (rule) Vargas v. Salvation Army
N.D. Ill. · 1986 · confidence medium
Lugar v. Edmondson Oil Co., 457 U.S. 922, 928 , 102 S.Ct. 2744, 2749 , 73 L.Ed.2d 482 (1976); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122 (7th Cir.1986).
discussed Cited "see" Conner v. Salina Regional Health Center, Inc.
10th Cir. · 2003 · signal: see · confidence high
See Tarabishi v. McAlester Reg’l Hosp., 951 F.2d 1558 , 1565 n. 6 (10th Cir.1991) (holding that the determination that a public hospital was hable under section 1983 was not dispositive of the issue of whether the hospital was entitled to antitrust immunity) (comparing Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119,122 (7thCir.l986), implicitly overruled on other grounds by Patrick v. Burget, 486 U.S. 94, 99-101 , 108 S.Ct. 1658 , 100 L.Ed.2d 83 (1988)).
discussed Cited "see" Pusch v. Social Security Administration
C.D. Ill. · 1993 · signal: see · confidence high
See Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119 (7th Cir.1986). (20) In Pusch v. James Edgar, Case Number 93-3020, the plaintiff sues Illinois’ governor for his alleged participation in the “electrical invasion” described in Case Number 93-3006 (discussed supra).
cited Cited "see" Slagel v. Shell Oil Refinery
C.D. Ill. · 1993 · signal: see · confidence high
See Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119 (7th Cir.1986).
discussed Cited "see" Lynn C. Lowe, M.D. v. H. Denman Scott, M.D.
1st Cir. · 1992 · signal: see · confidence high
See Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 121 (7th Cir.1986) (recognizing that private hospital’s termination of physician’s privileges was subject to statutorily-mandated Indiana peer review process which created property interest, but finding no state action for purposes of § 1983’s requirement that deprivation of property interest be caused by state actor); Pinhas, 894 F.2d at 1033 (finding property interest protected by California law, but rejecting on state action grounds physician’s procedural due process claim against private hospital based on privileges revo…
cited Cited "see" Simon J. Pinhas v. Summit Health, Ltd. Midway Hospital Medical Center the Medical Staff of Midway Hospital Medical Center Mitchell Feldman
9th Cir. · 1990 · signal: see · confidence high
See Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122-23 (7th Cir.1986); Crowder v. Conlan, 740 F.2d 447, 451 (6th Cir.1984).
cited Cited "see" Simon J. Pinhas v. Summit Health, Ltd. Midway Hospital Medical Center the Medical Staff of Midway Hospital Medical Center Mitchell Feldman
9th Cir. · 1989 · signal: see · confidence high
See Ezyeleta v. Sisters of Mercy Health Corp., 800 F.2d 119, 122-23 (7th Cir.1986); Crowder v. Conlan, 740 F.2d 447, 451 (6th Cir.1984).
discussed Cited "see, e.g." Pepple v. Parkview Memorial Hospital, Inc. (2×)
Ind. Ct. App. · 1987 · signal: see also · confidence medium
See also, Ezpeleta v. Sisters of Mercy Health Corp. (7th Cir.1986) 800 F.2d 119, 123 (Court expressed reservations in applying arbitrary and capricious standard of review to actions of private hospital even though some support for standard found in Kennedy ). [4] It is interesting to note that apparently privileged communications were available to the Court in Kennedy, supra ; El-Issa, supra ; Kiracofe, supra ; and Yarnell, supra .
Elena EZPELETA, M.D., Plaintiff-Appellant,
v.
SISTERS OF MERCY HEALTH CORPORATION, a Michigan Corporation, Defendant-Appellee
85-2419.
Court of Appeals for the Seventh Circuit.
Aug 27, 1986.
800 F.2d 119
Robert G. Berger, Highland, Ind., for plaintiff-appellant., David A. Ettineger, Detroit, Mich., for defendant-appellee.
Cummings, Wood, Flaum.
Cited by 35 opinions  |  Published
PER CURIAM.

Appellant Dr. Elena Ezpeleta filed this lawsuit to challenge the termination of her staff privileges at Our Lady of Mercy Hospital, a small private medical facility located in Dyer, Indiana. Dr. Ezpeleta’s complaint sets forth three separate legal theories on which it is contended that relief should be granted. First, Dr. Ezpeleta alleges that the defendant violated Section 1 and Section 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1, 2. Second, plaintiff alleges that the defendant violated 42 U.S.C. § 1983 by denying her rights under the First and Fourteenth Amendments. Finally, Dr. Ezpeleta alleges that her staff privileges were terminated in violation of her rights under Indiana law. The district court denied relief and granted summary judgment to the defendant. See Ezpeleta v. Sisters of Mercy Health Corp., 621 F.Supp. 1262 (N.D.Ind.1985). We affirm.

I.

Elena Ezpeleta is a medical doctor whose specialty is anesthesiology. Defendant Sisters of Mercy Health Corporation owns Our Lady of Mercy Hospital. Mercy Hospital, like many hospitals in Indiana, does not employ salaried physicians to perform medical services. Rather, the medical staff is made up of independent contractors and their employees. In the case of the anesthesiology department, a professional medical corporation, Suburban Anesthesia Associates, had an exclusive contract to provide anesthesiology services to Mercy Hospital. While an independent contractor may employ physicians, the right of an individual physician to practice in the hospital is contingent upon the decision of the hospital to grant that individual “staff privileges.” Without staff privileges no physician, regardless of his employment with a contract provider, can practice in the hospital. Standards for determining whether a doctor may enjoy staff privileges are determined by the hospital.

Dr. Ezpeleta was a salaried employee of Suburban Anesthesia Associates in August of 1981 when she was granted probationary staff privileges at Mercy Hospital. At that time, Dr. Richard Markey, who headed Suburban Anesthesia Associates, also was chairman of the anesthesiology department at Mercy Hospital. Dr. Markey, who suffered from a heart condition, announced his retirement in 1981. Following this announcement, Mercy Hospital sought another exclusive provider for anesthesiology services to replace Dr. Markey’s Suburban Anesthesia Associates.

Ultimately, the hospital entered into a contract with Dr. Shiree Ahmad, who had served as an instructor at Northwestern University Hospital in Chicago. Dr. Ahmad is board-certified and has clinical anesthesiology experience. The contract provided that as an independent contractor Dr. Ahmad would have the exclusive right to provide anesthesiology services at Mercy Hospital either personally or through physicians employed by her. An exception to the exclusivity provision provided that Dr. Ezpeleta and another physician with staff privileges at Mercy (both employees of Suburban Anesthesia Associates) could continue to practice anesthesiology at Mercy Hospital.

[*121] Like Dr. Markey, Dr. Ahmad also became head of the anesthesiology department with the authority and responsibility for establishing appropriate policies and procedures. These responsibilities included reviewing and evaluating medical abilities of physicians practicing anesthesiology at Mercy Hospital. From February through April of 1982, Dr. Ahmad formally evaluated Dr. Ezpeleta’s work and found it unsatisfactory. Dr. Ezpeleta enjoyed only probationary staff privileges at that time. In May of 1982, Dr. Ahmad informed Dr. Ezpeleta of the unsatisfactory evaluation. Dr. Ahmad, however, allowed Dr. Ezpeleta to retain her probationary staff privileges for an additional three months. During this additional three-month period, Dr. Ahmad’s opinion of Dr. Ezpeleta’s medical ability and performance did not change.

In August of 1982, Dr. Ahmad recommended to Dr. Cespedes, the chairman of the surgery department, that Dr. Ezpeleta should be denied staff privileges. Dr. Ces-pedes agreed with Dr. Ahmad and this recommendation was forwarded to Mercy Hospital’s credentials committee. The credentials committee recommended termination because of medical inability and at least in part because it was discovered that Dr. Ezpeleta had falsified her original application for staff privileges at Mercy by omitting any mention of her stay at Gary Methodist Hospital at which she was refused permanent staff privileges. The credentials committee’s recommendation was followed by the executive committee. A special hearing committee also interviewed Dr. Ezpeleta. That committee concurred in the recommendation. The recommendation also went before the hospital’s Divisional Board which adopted the recommendation despite the submission of Dr. Ezpeleta’s own written comments responding to the criticisms of Dr. Ahmad. At each of the stages of the review process, each doctor concurred in the recommendation to terminate Dr. Ezpeleta’s probationary staff privileges. The review process was in full compliance with the hospital’s by-laws applicable to physicians who have probationary staff privileges.

The result of the review process was the suspension of Dr. Ezpeleta’s probationary staff privileges in October 1982 and the termination of those privileges in January 1983. In all, plaintiff held probationary staff privileges at Mercy for approximately fourteen months; eight months under Dr. Markey as department head and six months under Dr. Ahmad.

II

Dr. Ezpeleta claims that the defendants violated the antitrust laws by acting to restrain trade and to exclude a competing provider of medical services from the market. In Marrese v. Interqual, Inc., 748 F.2d 373 (7th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 3501, 87 L.Ed.2d 632 (1985), this Court held that actions taken within the Indiana medical peer review process that result in the suspension of staff privileges are exempt from federal antitrust law under the state action doctrine. See Doe v. St. Joseph’s Hospital of Fort Wayne, 788 F.2d 411, 416 (7th Cir.1986) (discussing and reaffirming Marrese). Even if we were inclined to reconsider the ruling in Marrese, it would be difficult for Dr. Ezpeleta to show that her claim is viable after the Supreme Court’s decision in Jefferson Parish Hospital District No. 2 v. Hyde, 466 U.S. 2, 104 S.Ct. 1551, 80 L.Ed.2d 2 (1984), which dealt with an exclusive anesthesiology contract and a doctor who was not part of the group servicing the hospital pursuant to the exclusive contract. The majority in Hyde explained that per se illegal tying is present only when the defendant has such market power in the tying product (surgical procedures) that it can force buyers to take the tied product (anesthesiology). 466 U.S. at 14, 104 S.Ct. at 1559. In Hyde, the Court assumed that the defendant had a market share of 30% of surgical procedures, which it exploited to force patients to take anesthesia from an unwanted provider. Even so, the Court concluded that this was not sufficient market power to show an illegal tying arrangement. Will v. Comprehensive Accounting Corp., 776 F.2d 665, 672 (7th Cir.1985) (dis[*122] cussing Hyde), cert. denied, — U.S.-, 106 S.Ct. 1659, 90 L.Ed.2d 201 (1986). The record in this case indicates that Mercy Hospital does not possess market share anywhere near the 30% found insufficient in Hyde. 621 F.Supp. at 1269. Dr. Ezpeleta argues that summary judgment was incorrect because her expert had asserted that “the termination of Dr. Ezpeleta did have an adverse impact on the nature of competition in relevant markets.” The relevant inquiry, however, is not what Dr. Ezpeleta’s expert thought but rather what the market share of Mercy hospital was at the relevant time. There is no evidence to contradict the conclusion of Mercy’s expert that the market share was substantially less than 30%. Therefore, summary judgment was appropriate.

We also note that any future antitrust challenges to decisions regarding staff privileges under the Indiana medical peer review process may be deemed frivolous because of the clear bar of the state action doctrine as applied by this court in Marrese, Doe, and the present case. In this very expensive area of litigation, we must require that attorneys think before they file. Cf. Stewart v. RCA Corp., 790 F.2d 624, 631 (7th Cir.1986) (Rule 11 requires lawyers to think first and file later, on pain of personal liability).

Dr. Ezpeleta also argues that she is entitled to recover under 42 U.S.C. § 1983. Of course, an action under section 1983 is only available if state action is present. See, e.g., Lugar v. Edmondson Oil Co., 457 U.S. 922, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982); Rendell-Baker v. Kohn, 457 U.S. 830, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982); see also Hinman v. Lincoln Towing Service, 771 F.2d 189 (7th Cir.1985). Appellant contends that since her antitrust claim is barred by the state action immunity doctrine, it is clear that the necessary state action is present in this case. The appellant is wrong. Similar sounding phrases often have different meanings when applied in different legal contexts. This is such a case. In Marrese, we noted that the elements required for a cause of action under section 1983 differ from the elements required for state action under the antitrust laws. Marrese, 748 F.2d at 395 n. 25. The test for determining whether state action is present for purposes of section 1983 has been delineated by the Supreme Court in a number of cases. See, e.g., Lugar v. Edmondson Oil Co., 457 U.S. 922, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982); Blum v. Yaretsky, 457 U.S. 991, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982); Rendell-Baker v. Kohn, 457 U.S. 830, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982); Jackson v. Metropolitan Edison Co., 419 U.S. 345, 95 S.Ct. 449, 42 L.Ed.2d 477 (1974). Although subject to various formulations, the “ultimate issue in determining whether a person is subject to suit under section 1983 is the same question posed in cases arising under the Fourteenth Amendment: is the alleged infringement of federal rights ‘fairly attributable to the State?’ ” Rendell-Baker, 457 U.S. at 838, 102 S.Ct. at 2769; see also Gramenos v. Jewel Companies, 797 F.2d 432, 435 (7th Cir.1986). The state normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the state. Hin-man v. Lincoln Towing Service, Inc., 771 F.2d 189, 192 (7th Cir.1985) (citing Blum, 457 U.S. at 1004, 102 S.Ct. at 2785). The decision at issue here, the decision to terminate staff privileges at a private hospital, cannot be fairly attributed to the state. Only private actors are responsible for the decision to terminate Dr. Ezpeleta. It is true that the decision was made within the context of the statutorily mandated Indiana peer medical review process. This fact, however, is not enough to create section 1983 liability for decisions that “ultimately turn on medical judgments made by private parties according to professional standards that are not established by the state.” Blum, 457 U.S. at 1008, 102 S.Ct. at 2787. Other circuits have considered similar situations involving medical judgments by private actors and have concluded that state action is not present for purposes of sec[*123] tion 1983. See Crowder v. Conlan, 740 F.2d 447 (6th Cir.1984); Mendez v. Belton, 739 F.2d 15 (1st Cir.1984); Hicks v. Southern Md. Health Systems Agency, 737 F.2d 399 (4th Cir.1984). Those decisions provide support for our result. This case is clearly distinguishable from Malak v. Associated Physicians, Inc., 784 F.2d 277 (7th Cir.1986). In Malak we found that a decision to terminate the staff privileges of a physician under the Indiana peer review process was actionable under section 1983. Malak, however, involved a decision by a public hospital to terminate the plaintiffs staff privileges. There is no allegation here that Mercy is anything but a private hospital and therefore Malak is inapplicable.

We next consider whether the district court correctly dismissed Dr. Ezpeleta’s state law claims. The district court found that judicial review of hospital staffing decisions was limited under Indiana law to a determination of whether the hospital adhered to the procedures contained in its own bylaws. See 621 F.Supp. at 1273 (citing Ya rnell v. Sisters of St. Francis Health Services, 446 N.E.2d 359, 361 (3rd Dist.Ind.1983)). Plaintiff contends on appeal that the district court’s inquiry was too limited. Dr. Ezpeleta argues that a reviewing court in Indiana also must determine whether the hospital acted arbitrarily and capriciously in denying staff privileges. There is some support for Dr. Ezpeleta’s contention. In Kennedy v. St. Joseph Memorial Hospital, 482 N.E.2d 268 (1st Dist.Ind.App.1985), the court stated that judicial intervention in the decision of a hospital regarding staff privileges is “limited to an assessment of whether the proceedings employed by the hospital are fair, the standards set by the hospital are reasonable, and whether they have been applied arbitrarily and capriciously.” Id. at 271 (citing similar language in Kiracofe v. Reid Memorial Hospital, 461 N.E.2d 1134, 1140-41 (1st Dist.Ind.App.1984)). Even if this broader standard of review is the law in Indiana, it cannot help Dr. Ezpeleta. The hospital’s actions were not arbitrary. It is undisputed that the bylaws of the hospital were followed and that Dr. Ezpeleta’s situation received several levels of review. Dr. Ezpeleta was given a second chance by Dr. Ahmad. She was allowed to submit a written statement to dispute Dr. Ahmad’s conclusions and also was allowed to present her side at an interview. The doctors in the reviewing process utilized their medical judgment in determining that Dr. Ezpeleta should no longer receive staff privileges. This judgment is not subject to second-guessing under Indiana law. Dr. Ezpeleta argues that it was unfair to have doctors whose specialty is not anesthesiology review her qualifications. As the district court pointed out, this argument is merit-less because it is not unreasonable to allow physicians from allied fields such as surgery to assist in making an evaluation of whether an anesthesiologist is qualified. 621 F.Supp. at 1275. All the doctors in the reviewing process, a total of 12 physicians, concurred in the recommendation to terminate Dr. Ezpeleta. It is not a decision that can be fairly characterized as arbitrary or capricious. Dr. Ezpeleta’s state law claims, like her antitrust and section 1983 claims, are meritless. Therefore, we affirm the judgment of the district court.

Affirmed.