Under these facts, what claims could Dr. Stuart assert against the other physicians, and what defenses could the other physicians raise? Be sure to discuss the elements of each potential claim and defense, as well as your evaluation of the likelihood of success on each claim or defense.

One month later, Dr. Jackson and another member of General’s OB/ GYN staff, Dr. George Alexander, met with a representative of Happy Family Health Plan. The administrator of General was also present at that meeting. The two physicians told the representative of Happy Family that they were concerned about the unsafe practices at the Center’s new healthcare program. The two physicians also stated that they hoped Happy Family would not accept the Center and Dr. Stuart as participating providers with eligibility to receive payment from Happy Family. In fact, the doctors said that they were so concerned about the Center’s unsafe practices that if Happy Family agreed to pay the Center and Dr. Stuart for services rendered to Happy Family patients, all of the other members of the OB/GYN staff at General would feel ethically bound to stop treating Happy Family patients.

The representative of Happy Family asked the two physicians whether all of the other OB/GYN physicians at General felt the same way. The doctors responded that all of the physicians at the meeting on November 15 had agreed that Dr. Jackson and Dr. Alexander should speak to Happy Family on their behalf. In addition, the administrator of General stated that General might have to reevaluate its contractual arrangement with Happy Family the next time that General’s provider contract with Happy Family came up for renewal. One week later, Happy Family wrote to the Center and Dr. Stuart to state that Happy Family would not accept them as participating providers and therefore would not pay the Center or Dr. Stuart for services rendered to Happy Family patients.

Under these facts, what claims could Dr. Stuart assert against the other physicians, and what defenses could the other physicians raise? Be sure to discuss the elements of each potential claim and defense, as well as your evaluation of the likelihood of success on each claim or defense.