The three physicians of Central Wyoming Neurosurgery don't have grounds to sue the Wyoming Medical Center for violating their constitutional rights because they voluntarily resigned their privileges to practice at the hospital in November 2005, the hospital stated in its answer to their federal lawsuit filed in January.

Robert A. Narotzky, Thomas A. Kopitnik and Debra Steele claimed the hospital violated its bylaws and procedures for peer review of physician behavior, engaged in practices that threatened patient safety, defamed them with allegations of Medicare fraud and theft of hospital equipment, and violated their due process of law guaranteed by the 14th Amendment, according to the complaint filed Jan. 28 by their attorneys Jack Speight, Robert McCue and Patrick Crank.

They also claimed hospital officials and Natrona County were negligent in their oversight, which allowed these violations to occur.

The lawsuit probes the responsibility of those overseeing the nonprofit Wyoming Medical Center Inc., and it illustrates some of the hospital's internal politics.

The defendants - sued collectively and individually for $10 million - are the Board of Trustees of the Memorial Hospital of Natrona County; the hospital; the hospital's board of directors; and hospital officials including former Board Chairman Mike Reid, former President and CEO Pam Fulks, senior vice president Vickie Diamond, and former perioperative services head Mary Jane O'Connor.

The answer to the complaint, filed by Casper attorney Scott Ortiz on Sunday, speaks for all the defendants except the Memorial Hospital board.

The answer generally denies the allegations of the neurosurgeons.

Some of the dispute centers on a peer review initiated after March 23, 2004, when Kopitnik performed two operations at staggered times, with a physician's assistant finishing one of the procedures, according to the complaint and answer.

Kopitnik claimed some members of the peer review committee were biased against him and the hospital violated its own policies in the process, according to the complaint.

But the Wyoming Medical Center disputes most of that claim, although it admits the peer review committee did not interview him or his physician's assistant.

The hospital also responded the three doctors' resignations of privileges were the result of their misconduct, they were unwilling to follow its rules and regulations, the damages they suffered were their fault, and they were provided more than adequate due process to resolve their issues with the hospital.

Natrona County owns the hospital assets - worth about $200 million - leased by the nonprofit Wyoming Medical Center Inc. The rent, in effect, paid by the hospital, consists of caring for indigent patients and prisoners at the county jail. The lease is overseen by the Memorial Hospital of Natrona County five-member board of trustees, who are appointed by the county commission with the consent of the hospital's own board of directors.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@trib.com.

News Tracker

Last we knew: The three physicians of Central Wyoming Neurosurgery sued the Wyoming Medical Center and related parties for $10 million, claiming it violated their constitutional rights to due process.

The latest: The hospital answered the lawsuit on Sunday, claiming the physicians voluntarily resigned their privileges to practice in November 2005 and they had no grounds to sue.

What's next: Attorneys for both sides will begin discovery in preparation for a trial.