Wachter, R. M. and Goldman, L., “The Emerging Role of ‘Hospitalists’ in the American Health Care System,” New England Journal of Medicine 335, no. 7 (1996): 514–517; Hoangmai, H. et al., “Health Care Market Trends and the Evolution of Hospitalist Use and Roles,” Journal of General Internal Medicine 20, no. 2 (2005): 101-107; Croasdale, M., “Hospitalists: The Next Generation,” American Medical News (May 23–30, 2005): 13–14. See also Center for Studying Health System Change, Health Market Changes Spur Use of Hospitalists across the U.S., News Release, available at <http://www.hschange.com/CoNtENT/729/> (last visited October 2, 2008).CrossRefGoogle Scholar

CNNMoney.com, “Fortune 500 2006: US Oncology,” available at <http://money.cnn.com/magazines/fortune/fortune500/snapshots/2174.html> (lasted visited October 2, 2008).+(lasted+visited+October+2,+2008).>Google Scholar

US Oncology, Home Page, available at <http://www.usoncology.com/Home/> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

CNNMoney.com, “Fortune 500 2006: Renal Care Group,” available at <http://money.cnn.com/magazines/fortune/fortune500/snapshots/1121.html> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Fresenius Medical Care, “Welcome Renal Care Group,” available at <http://www.renalcaregroup.com/index.html> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Rynecki, D., Rodriguez, E. and Tran, M., “100 Fastest-Growing Companies,” Fortune, September 1, 2003, available at <http://money.cnn.com/magazines/fortune/fortune_archive/2003/09/01/348175/index.htm> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Kletke, P. R., Emmons, D. W. and Gillis, K. D., “Current Trends in Physicians' Practice Arrangements: From Owners to Employees,” JAMA 276, no. 7 (1996): 555–560.CrossRefGoogle Scholar

James, T. J., “Physicians: The Newest Commodity in the Healthcare System,” October 1998, available at <http://www.hospitalist.net/opinion.htm#Physicians,%20the%20Newest%20Commodity%20in%20the%20Healthcare%20System> (last visited May 8, 2006) (on file with author).+(last+visited+May+8,+2006)+(on+file+with+author).>Google Scholar

Malloy, S. E. W., “Physician Restrictive Covenants: The Neglect of Incumbent Patient Interests,” Wake Forest Law Review 41, no. 1 (2006): 189–236; Loeser, D. W., “The Legal, Ethical, and Practical Implications of Noncompetition Clauses: What Physicians Should Know Before They Sign,” Journal of Law, Medicine & Ethics 31, no. 2 (2003): 283-301; Lowry, J. W., “Covenants Not to Compete in Physician Contracts,” Journal of Legal Medicine 24, no. 2 (2003): 215-232; Dio, D. S., “The Legal Implications of Noncompetition Agreements in Physician Contracts,” Journal of Legal Medicine 20 (1999): 457–478; Wyatt, M. J., “Buy Out or Get Out: Why Covenants Not to Compete in Surgeon Employment Contracts Are Truly Bad Medicine,” Washburn Law Review 45, no. 3 (2006): 715-740; Berg, P., “Judicial Enforcement of Covenants-Not-to-Compete between Physicians: Protecting Doctors‘ Interests at Patients’ Expense,” Rutgers Law Review 45, no. 1 (1992): 1-48.Google Scholar

Estlund, C. L., “Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law,” University of Pennsylvania Law Review 155, no. 2 (2006): 379–445.CrossRefGoogle Scholar

Restatement (Second) of Contracts § 188 (1981).Google Scholar

American Medical Association, Opinions and Reports of the Judicial Council 25, 1960.Google Scholar

American Medical Association, Code of Medical Ethics § 9.02 (2004). See O'Hern, V. M., “Physician's Covenant Not to Compete,” JAMA 229, no. 2 (1974): 229, available at <http://jama.ama-assn.org/content/vol229/issue2/index.dtl> (last visited October 2, 2008).Google Scholar

Markel, H., “Doctors Now Need Well-Honed Skills In Job Hunting,” New York Times, May 22, 2001, at F5; American Academy of Family Physicians, “More Docs Job Hunting,” Family Practice Management 8, no. 4 (2001): 23; Schiller, D. J., “What You Should Bargain for in a Restrictive Covenant,” Medical Economics 71, no. 13 (1994): 51-52, 56-58, 61; Muroff, J. A. and Muroff, L. R., “Contracts in Radiology Practices: Contract Types and Key Provisions,” Journal of the American College of Radiology 1, no. 7 (2004): 459-466.Google Scholar

Tokarski, C., “No Way Out: When Practice Management Firms Fail, Restrictive Covenants Can Make a Bad Situation Worse,” American Medical News (November 9, 1998): at 27.Google Scholar

Iredell Digestive Disease Clinic, P.A. v. Petrozza, 373 S.E.2d 449, 92 N.C. App. 21 (1988).Google Scholar

The Federal Arbitration Act, 43 Stat. 883 (1925) (codified as amended at 9 U.S.C §§ 1–16; 201–208; 301–301 [2006]).Google Scholar

See Maltby, L. M., “Private Justice: Employment Arbitration and Civil Rights,” Columbia Human Rights Law Review 30, no. 1 (1998): 29–64.Google Scholar

Jaya, V. A., “Legality and Fairness of Arbitral Awards: An Overview,” AALCO Quarterly Bulletin 3, no. 3 (2006): 278–293.Google Scholar

These developments are well document in Starr, P., The Social Transformation of American Medicine: The Rise of a Sovereign Profession and the Making of a Vast Industry (New York: Basic Book, 1982).Google Scholar

These developments are described in Kinney, E., Protecting American Health Care Consumers (Durham: Duke University Press, 2002): at 23–41.CrossRefGoogle Scholar

Lee, S. D. and Alexander, J. A., “Managing Hospitals in Turbulent Times: Do Organizational Changes Improve Hospital Survival?” Health Services Research 34, no. 4 (1999): 923–925; Madden, C. W., “Excess Capacity: Markets, Regulation, and Values,” Health Services Research 33, no. 6 (1999): 1651-1656; Shortell, S. M., “The Evolution of Hospital Systems: Unfulfilled Promises and Self-fulfilling Prophesies,” Medical Care Review 45, no. 2 (1988): 177-214; Fuchs, V. R., “Managed Care and Merger Mania,” JAMA 277, no. 11 (1997): 921–922; Yavas, U. and Shemwell, D., “Competing for Patients and Profit,” Journal of Health Care Marketing 16, no. 2 (1996): 30-37; Weiner, C. L., The Elusive Quest: Accountability in Hospitals (New York: Walter de Gruyter, Inc. 2000).Google Scholar

Blum, J. D., “Economic Credentialing: A New Twist in Hospital Appraisal Processes,” Journal of Legal Medicine 12, no. 4 (1991): 427–475; Greene, J., “Hospitals Eyeing Physicians' Practice Patterns. Economic Credentialing Is Being Tested to Reduce Expenses and Improve Quality,” Modern Healthcare 21, no. 17 (1991): 30-31; Doerr, H. L., “Economic Credentialing,” American Journal of Medical Quality 7, no. 3 (1992): 91-94.CrossRefGoogle Scholar

See Sloan, F. A. and Hall, M. A., “Market Failures and the Evolution of State Regulation of Managed Care,” Law and Contemporary Problems 65, no. 4 (2002): 169–206.CrossRefGoogle Scholar

Kopit, W. G., “Price Competition in Hospital Markets: The Significance of Managed Care,” Journal of Health Law 35, no. 3 (2002): 291–298.Google Scholar

Robinson, J. C., “Consolidation of Medical Groups into Physician Practice Management Organizations,” JAMA 279, no. 2 (1998): 144–149; Robinson, J. C. and Casalino, L. P., “Vertical Integration and Organizational Networks in Health Care,” Health Affairs 15, no. 1 (1996): 7-22.CrossRefGoogle Scholar

Casalino, L. P., “Physicians and Corporations: A Corporate Transformation of American Medicine?” Journal of Health Politics, Policy and Law 29, nos. 4–5 (2004): 869–884; Robinson, J. C., “The dynamics and Limits of Corporate Growth in Health Care,” Health Affairs 15, no. 2 (1996): 155-169; Reinhardt, U. E., “The Rise and Fall of the Physician Practice Management Industry,” Health Affairs 19, no. 1 (2000): 42-55; Conrad, D. A., Koos, S., Harney, A. and Haase, M., “Physician Practice Management Organizations: Their Prospects and Performance,” Medical Care Research Review 56, no. 3 (1999): 307-339; Burns, L. R. and Wholey, D. R., “Responding to a Consolidating Healthcare System: Options for Physician Organizations,” in Blair, J. D., Fottler, M. D. and Savage, G. T., ed., Advances in Health Care Management (New York: Elsevier Science, 2000): 261-323; Robinson, J. C., The Corporate Practice of Medicine: Competition and Innovation in Health Care (Berkeley: University of California Press, 1999).Google Scholar

Bodenheimer, T., “The American Health Care System: Physicians and the Changing Medical Marketplace,” New England Journal of Medicine 340, no. 7 (1999): 584–588.CrossRefGoogle Scholar

American Medical Association, Socioeconomic Characteristics of Medical Practice 1997/98, Chicago, 1998.Google Scholar

Willcox, A. W., “Hospitals and the Corporate Practice of Medicine,” Cornell Law Quarterly 45 (1960): 432–487.Google Scholar

Huberfeld, N., “Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine,” Health Matrix 14, no. 2 (2004): 243–288; Freiman, A. M., “The Abandonment of the Antiquated Corporate Practice of Medicine Doctrine: Injecting a Dose of Efficiency into the Modern Health Care Environment,” Emory Law Journal 47 (Spring 1998): 697-753; Chase-Lubitz, J. F., “The Corporate Practice of Medicine Doctrine: An Anachronism in the Modern Health Care Industry,” Vanderbilt Law Review 40, no. 2 (1987): 445-488.Google Scholar

Sherman Antitrust Act, Act of July 2, 1890, ch. 647, 26 Stat. 209 (codified as amended at 15 U.S.C. § § 1–7).Google Scholar

Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975) (eliminating the learned professions exemption to the federal antitrust laws); Arizona v. Maricopa County Med. Society, 457 U.S. 332 (1982) (holding that the maximum fee agreements of a state medical society, as price-fixing agreements, are per se unlawful under § 1 of the Sherman Act). See also AMA v. United States, 130 F.2d 233 (D.C. Cir. 1942), aff'd, 317 U.S. 519 (1943) (ruling that the practice of medicine is trade or commerce within the meaning of the federal antitrust laws); AMA v. FTC, 638 F.2d 443, aff'd by an equally divided court, 455 U.S. 676 (1982).Google Scholar

Health Care Quality Improvement Act of 1986, Public Law 99–660, title IV, § 415, 100 Stat. 3787 (codified as amended at 42 U.S.C. §§ 11111–5).Google Scholar

Greaney, T. L., “Whither Antitrust? The Uncertain Future of Competition Law in Health Care,” Health Affairs 21, no. 2 (2000): 185–196.CrossRefGoogle Scholar

466 U.S. 2 (1984).Google Scholar

Gaynor, M. and Haas-Wilson, D., “Change, Consolidation, and Competition in Health Care Markets,” Journal of Economic Perspectives 13, no. 1 (1999):141–164; Frech, H. E. and Danger, K. L., “Exclusive Contracts between Hospitals and Physicians: The Antitrust Issues,” Health Economics 7, no. 2 (1998): 175-178.CrossRefGoogle Scholar

Hammack, J. M., “The Antitrust Laws and the Medical Peer Review Process,” Journal of Contempory Health Law and Policy 9, (1993): 419–450; Blumstein, J. F. and Sloan, F. A., “Antitrust and Hospital Peer Review,” Law & Contemporary Problems 51, no. 2 (1988): 7-91; Havighurst, C. C., “Professional Peer Review and the Antitrust Laws,” Case Western Reserve University Law Review 36 (1986): 1117-1169.Google Scholar

Health Care Quality Improvement Act of 1986, Public Law 99–660, title IV, § 415, 100 Stat. 3787 (codified as amended at 42 U.S.C. §§ 11111–5).Google Scholar

42 U.S.C. § 11112(a).Google Scholar

See, e.g., Gordon v. Lewistown Hospital, 423 F.3d 184 (3d Cir. 2005), cert. denied, 126 S. Ct. 1777, 164 L. Ed. 2d 557 (U.S. 2006); Chalal v. Northwest Med. Center, Inc., 147 F. Supp. 2d 1160, 1170 (N.D. Ala. 2000), aff'd without opinion, 250 F.3d 749 (11th Cir. 2001); Brader v. Allegheny General Hospital, 167 F.3d 832 (3d Cir. 1999). See, e.g., Miles, J., “Practitioner Credentialing Based on Peer Review,” in Health Care and Antitrust Law, vol. 2 (Thomson West, 2007): At 10:8.Google Scholar

42 U.S.C. § 11112(b).Google Scholar

Patrick v. Burget (D. Ore. 1985), rev'd 800 F.2d 1498, rev'd, 486 U.S. 1988) (reinstating the treble damage award and denying state action immunity to the peer review proceedings).Google Scholar

Iglehart, J. K., “Congress Moves to Bolster Peer Review: The Health Care Quality Improvement Act of 1986,” New England Journal of Medicine 31, no. 15 (1987): 960–965.CrossRefGoogle Scholar

42 U.S.C. §§ 11131–53.Google Scholar

Chalifoux, R. F., “So What Is Sham Peer Review?” Medscape General Medicine 7, no. 4 (2005): 47, available at <http://medgenmed.medscape.com/viewarticle/515862> (last visited May 4, 2006; access restricted); Johnson, W. N., “Shammed I Am in Peer Review: Due Process Does Not Apply for Physicians Facing Sham Peer Review,” General Surgery News, 2004, available at <http://www.semmelweis.org/Acrobat/article_sham%20i%20am.pdf> (last visited May 4, 2006); Waite, V. S., “Sham Peer Review: Napoleonic Law in Medicine,” Journal of American & Physicians 8, no. 3 (2003): 83-86, available at <http://www.semmelweis.org/Acrobat/article_waite_napoleonic.pdf> (last visited October 2, 2008); Townend, D., “Hospital Peer Review is a Kangaroo Court,” Medical Economics 77, no. 3 (2000): 133.Google Scholar

Twedt, S., “The Cost of Courage: How the Tables Turn on Doctors,” Pittsburgh Post-Gazette, October 26, 2003, available at <www.postgazette.com/pg/03299/234499.stm> (last visited October 2, 2008) (the first in a series of articles on different occasions of so-called sham peer review and actions against “disruptive” physicians around the country).+(last+visited+October+2,+2008)+(the+first+in+a+series+of+articles+on+different+occasions+of+so-called+sham+peer+review+and+actions+against+“disruptive”+physicians+around+the+country).>Google Scholar

Chu, J., “Peer Review: Doctors Who Hurt Doctors,” Time Magazine, August 15, 2005, at 52.Google Scholar

Parmley, W. W., “Clinical Peer Review or Competitive Hatchet Job,” Journal of American College of Cardiology 36, no. 7 (2000): 2347.CrossRefGoogle Scholar

See Poliner v. Texas Health Systems, 2004 WL 1542164. (N.D.Tex., July 7, 2004), rev'd, No. 06–11235 (5th Cir. Jul. 23, 2008). See “Jury Awards $366 Million in Damages to Physician in Peer Review Case,” Bureau National Affairs 13, no. 38 (2004): 1378–1379; Croasdale, M., “Defamation Award Could Chill Peer Review: A Dallas Cardiologist Won $366 Million in a Lawsuit Claiming a Peer Review Panel Intentionally Ruined His Career,” American Medical News (October 4, 2004), available at <http://www.ama-assn.org/amednews/2004/10/04/prsd1004.htm> (last visited October 2, 2008); Twedt, S., “Doctor Who Voiced Protest Wins $4.3 Million Judgment,” Pittsburgh Post-Gazette, June 24, 2004, available at <http://www.peerreview.org/whistleblowers/6242004postgaz.pdf> (last visited October 2, 2008); Clark v. Columbia/HCA Information Services, Inc., 25 P.3d 215, 218 (Nev. 2001). See Smith, S. M., “Construction and Application of Health Care Quality Improvement Act of 1986 (42 U.S.C.A. § 11101–11152),” American Law Reports, Federal 121, (1994): 255-330.Google Scholar

Silverman, W. A., “Commentary, Restraining the Unsustainable,” Pediatrics 111, no. 3 (2003): 672–674.CrossRefGoogle Scholar

Behrman, R. E. and Butler, A. S., ed., Preterm Birth: Causes, Consequences, and Prevention, Institute of Medicine, Committee on Understanding Premature Birth and Assuring Healthy Outcomes, 2006; Institute of Medicine, Preterm Birth: Causes, Consequences, and Prevention (Executive Summary), 2006, available at <http://www.nap.edu/catalog/11622.html> (last visited October 2, 2008).Google Scholar

Centers for Disease Control and Prevention, Preliminary Births for 2004: Infant and Maternal Health, available at <http://www.cdc.gov/nchs/products/pubs/pubd/hestats/pre-limbirths04/prelimbirths04health.htm> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Martin, J. A. et al., “Births: Final Data for 2003,” National Vital Statistics Reports 54, no. 2 (2005): 1–116.Google Scholar

See Richardson, D. K. et al., “A Critical Review of Cost Reduction in Neonatal Intensive Care. I. The Structure of Costs,” Journal of Perinatology 21, no. 2 (2001): 107–115; Richardson, D. K. et al., “A Critical Review of Cost Reduction in Neonatal Intensive Care. II. Strategies for Reduction,” Journal of Perinatology 21, no. 2 (2001): 121-127; Boyle, M. H. et al., “Economic Evaluation of Neonatal Intensive Care of Very-Low-Birth-Weight Infants,” New England Journal of Medicine 308, no. 22 (1983): 1330-1337CrossRefGoogle Scholar

See Behrman, and Butler, , supra note 54.Google Scholar

Winslow, R., “Infant Health Problems Cost Business Billions,” Wall Street Journal, May 5, 1992, at B1.Google Scholar

Jobe, A. H., “Predictors of Outcomes in Preterm Infants: Which Ones and When?” Journal of Pediatrics 138, no. 2 (2001): 153–156.CrossRefGoogle Scholar

Lantos, J. D., The Lazarus Case: Life-and-Death Issues in Neonatal Intensive Care (Baltimore: Johns Hopkins University Press, 2001); Sayeed, S. A., “The Marginally Viable Newborn: Legal Challenges, Conceptual Inadequacies, and Reasonableness,” Journal of Law, Medicine & Ethics 34, no. 3 (2006): 600-681; Gunderman, R. B. and Engle, W. A., “Ethics and the Limits of Neonatal Viability,” Radiology 236, no. 2 (2005): 427-429.Google Scholar

Wilkinson, D. J. et al., “Death in the Neonatal Intensive Care Unit: Changing Patterns Of End of Life Care over Two Decades,” Archives of the Disabled Child: Fetal Neonatal Edition 91, no. 4 (2006): F268–F271; Hentschel, R. et al., “Restriction of Ongoing Intensive Care in Neonates: A Prospective Study,” Pediatrics 118, no. 2 (2006): 563-569; Bastek, T. K. et al., “Prenatal Consultation Practices at the Border of Viability: A Regional Survey,” Pediatrics 116, no. 2 (2005): 407-413; Singh, J., Lantos, J. and Meadow, W., “End-of-Life After Birth: Death and Dying in a Neonatal Intensive Care Unit,” Pediatrics 114, no. 6 (2004): 1620-1626; Roy, R. et al., “Decision Making and Modes of Death in a Tertiary Neonatal Unit,” Archives of the Disabled Child: Fetal Neonatal Edition 89, no. 6 (2004): F527-F530; Horbar, J. D. et al., “Trends in Mortality and Morbidity for Very Low Birth Weight Infants, 1991–1999,” Pediatrics 110, no. 1 (2002): 143-151; Pierucci, R. L., Kirby, R. S. and Leuthner, S. R., “End-of-Life Care for Neonates and Infants: The Experience and Effects of a Palliative Care Consultation Service,” Pediatrics 108, no. 3 (2001): 653-660; Doron, M. W. et al., “Delivery Room Resuscitation Decisions for Extremely Premature Infants,” Pediatrics 102, no. 3 (1998): 574-582; Wall, S. N. and Partridge, J. C., “Death in the Intensive Care Nursery: Physician Practice of Withdrawing and Withholding Life Support,” Pediatrics 99, no. 1 (1997): 64-70.CrossRefGoogle Scholar

Adams, E. K. et al., “Costs of Poor Birth Outcomes among Privately Insured,” Journal of Health Care Finance 29, no. 3 (2003): 11–27.Google Scholar

H. MacDonald and Committee on Fetus and Newborn, “Perinatal Care at the Threshold of Viability,” Pediatrics 110, no. 5 (2002): 1024–1027.CrossRefGoogle Scholar

St. John, E. B. et al., “Cost of Neonatal Care According to Gestational Age at Birth and Survival Status,” American Journal of Obstetrics & Gynecology 182, Pt. 1 (2000): 170–175; Rogowski, J., “Measuring the Cost of Neonatal and Perinatal Care,” Pediatrics 103, no. 3 (1999): e329-335; McCormick, M. C., “Commentary: The Outcomes of Very Low Birth Weight Infants: Are We Asking the Right Questions?” Pediatrics 99, no. 1 (1997): 869-875.CrossRefGoogle Scholar

Himmelstein, D. U. et al., “MarketWatch: Illness and Injury as Contributors to Bankruptcy,” Health Affairs 10, no. 1 (February 2007), available at <http://content.healthaffairs.org/cgi/content/abstract/hlthaff.w5.63v1> (last visited October 2, 2008).Google Scholar

Kaiser Family Foundation, State Health Facts: Births Financed by Medicaid as a Percent of Total Births, 2002, available at <http://www.statehealthfacts.org/comparemaptable.jsp?ind=223&cat=4#footnote5> (last visited October 2, 2008); Schulman, M., “Neonatology and Emerging Trends in Health Insurance,” American Journal of Perinatology 20, no. 8 (2003): 433–439.Google Scholar

Streiner, D. L. et al., “Attitudes of Parents and Health Care Professionals toward Active Treatment of Extremely Premature Infants,” Pediatrics 108, no. 1 (2001): 152–157.CrossRefGoogle Scholar

Silverman, W. A., “Commentary, Restraining the Unsustainable,” Pediatrics 111, no. 3 (2003): 672–674. See also Culver, G. et al., Letter to the Editor, “Informed Decisions for Extremely Low-Birth-Weight Infants,” JAMA 283, no. 24 (2000): 3201.CrossRefGoogle Scholar

Goodman, D. C. et al., “Are Neonatal Intensive Care Resources Located According to Need? Regional Variation in Neonatologists, Beds, and Low Birth Weight Newborns,” Pediatrics 108, no. 2 (2001) 426–431; Pollack, L. D., Ratner, I. M. and Lund, G. C., “United States Neonatology Practice Survey: Personnel, Practice, Hospital, and Neonatal Intensive Care Unit Characteristics,” Pediatrics 101, no. 3 (1998): 398-405; Glied, S. A. and Gnanasekaran, S., “Hospital Financing and Neonatal Intensive Care,” Health Services Research 31, no. 5 (December 1996): 593-607.CrossRefGoogle Scholar

Goodman, D. C. et al., “The Relation between the Availability of Neonatal Intensive Care and Neonatal Mortality,” New England Journal of Medicine 346, no. 20 (2002): 1538–1544.Google Scholar

See Silverman, W. A., “Compassion or Opportunism?” Pediatrics 113, no. 2 (2004): 402–403; see also Whitfield, J. et al., “Compassion or Opportunism?” Pediatrics 114, no. 5 (2004): 1371-1372; Lorenz, J. M., “Compassion and Perplexity,” Pediatrics 113, no. 2 (2004): 403-404.CrossRefGoogle Scholar

Thompson, L. A., Goodman, D. C. and Little, G. A., “Is More Neonatal Intensive Care Always Better? Insights from a Cross-National Comparison of Reproductive Care,” Pediatrics 109, no. 6 (2002): 1036–1043; Tanne, J. H., “High Level of Resources for Neonatal Intensive Care Does Not Give US Better Outcomes,” BMJ 324, no. 7350 (2002): 1353.CrossRefGoogle Scholar

Lorenz, J. M. et al., “Comparison of Management Strategies for Extreme Prematurity in New Jersey and The Netherlands: Outcomes and Resource Expenditures,” Pediatrics 108, no. 6 (2001): 1269–1274.CrossRefGoogle Scholar

Pediatrix Medical Group, “Background & History,” available at <http://www.pediatrix.com/body.cfm?id=54> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Pediatrix Medical Group, “Investors,” available at <http://www.pediatrix.com/investor_body.cfm?id=73&oTopID=517> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Pediatrix Medical Group, Inc., Annual Report on Form 10-K for the Year Ended, December 31, 2005 (filing date March 7, 2006).Google Scholar

See Obstetrix Medical Group, “Who We Are,” available at <http://pediatrix.com/body_obstetrix.cfm?id=245&oTopID=93> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Lerman, C., Case Study: Taking a Physician Practice Management Company Public, Pediatrix Medical Group, Inc., Practicing Law Institute Corporate Law and Practice Course Handbook Series, 1997.Google Scholar

Contracts also contain covenants requiring resignation-of-hospital privileges and medical staff membership within 24 hours at all hospitals and other facilities at which Pediatrix provides services.Google Scholar

See National Health Lawyers Association, “Alternative Dispute Resolution Services,” available at <http://www.healthlawyers.org/Template.cfm?Section=About_Arbitration_and_Mediation_Services> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

National Association of Attorneys General, Physicians Management Groups: Nevada, 2001-OCT NAAG Medicaid Fraud Report, October 2001, at 12; Company News, “Pediatrix Medical Says Nevada Is Investigating Billing,” New York Times, November 21, 2003, at C4; “Pediatrix to Pay $25.1M to Settle Government Allegations,” South Florida Business Journal, Februay 8, 2006, available at <http://southflorida.bizjournals.com/southflorida/stories/2006/02/06/daily32.html> (last visited October 2, 2008); “A Sick Business,” The Economist (U.S. Edition), June 28, 2003.+(last+visited+October+2,+2008);+“A+Sick+Business,”+The+Economist+(U.S.+Edition),+June+28,+2003.>Google Scholar

See Starr, , supra note 20.Google Scholar

Id., at 449.Google Scholar

See Kinney, , supra note 21.Google Scholar

Editorial, “Extreme Risk — The New Corporate Proposition for Physicians,” New England Journal of Medicine 333, no. 25 (1995): 1706–1708.CrossRefGoogle Scholar

Sage, W. M., “Physicians as Advocates,” Houston Law Review 73, no. 5 (2000): 1529–1630.Google Scholar

Kinney, E., “Hospital Peer Review of Physicians: Does Statutory Immunity Increase Risk of Unwarranted Professional Injury?” Michigan State Journal of Law and Medicine (forthcoming 2008).Google Scholar

DeNavas-Walt, C., Proctor, B. D. and Smith, J., Income, Poverty, and Health Insurance Coverage in the United States: 2006, U.S. Census, Consumer Population Reports, August 2007, at 21 (Figure 7).Google Scholar

See Catlin, et al., “National Health Spending In 2006: A Year of Change for Prescription Drugs,” Health Affairs 27 (2008): 14–29.CrossRefGoogle Scholar

See DeNavas-Walt, et al., supra note 90.Google Scholar

American Hospital Association, “Fast Facts on US Hospitals,” available at <http://www.aha.org/aha/resource-center/Statistics-and-Studies/fast-facts.html> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar

Morrison, G., “Mortgaging Our Future — The Cost of Medical Education,” New England Journal of Medicine 352, no. 2 (2005): 117–119.CrossRefGoogle Scholar

Employee Benefits Research Institute, Tax Expenditures and Employee Benefits: An Update From the FY 005 Budget, available at <http://www.ebri.org/pdf/publications/facts/0204fact.pdf> (last visited October 2, 2008).+(last+visited+October+2,+2008).>Google Scholar