Some central Wyoming patients are finding that disputes between doctors can affect their access to health care, as do more visible problems such as high medical malpractice insurance rates that force doctors to restrict or close their practices.

Dr. Steven Bonin, a radiation oncologist, filed a petition last week in 7th District Court demanding that his former business partner, Dr. Robert Tobin, allow him access to the Rocky Mountain Oncology Center LLC, to treat his patients.

Bonin also has filed a demand for arbitration to resolve the dispute, according to a document filed Friday with the petition for a temporary restraining order, preliminary injunction and permanent injunction.

Since contract negotiations broke down in late October between the doctors, Bonin has had limited access to the equipment for treatment, but none since Jan. 11, according to the petition.

Bonin formally left the clinic after October, but he still needs access to the equipment for treating patients, he said Monday.

He and medical oncologist Dr. Jerald Kahan, another former member of the Rocky Mountain Oncology Center, have formed Oncology Care Professionals and hope to open that practice later this year, he said.

Tobin, however, expressed disappointment that Bonin filed the petition.

"Dr. Bonin elected to not sign the partnership contract," Tobin said.

He refused other offers including offering to sublet space and use the oncology center's computer programs off-site, he said.

Bonin still sees patients and makes recommendations, Tobin added.

The petition, however, also reveals some of the interlocking relationships among local medical providers, and how a business dispute can affect patients, doctors and health care in a community.

Bonin's attorney, Frank Chapman, declined to comment.

Tobin and Bonin are the only radiation oncologists practicing in central Wyoming.

Besides Tobin, the lawsuit names the Rocky Mountain Oncology Center LLC, WYMEDCO Ventures Inc., RMOC Investments LLC, and the Wyoming Medical Center.

Tobin wholly owns ROMC Investments, which owns 75 percent of Rocky Mountain Oncology Center.

The other 25 percent of the oncology center is owned by WYMEDCO Ventures, a for-profit company owned by the nonprofit Wyoming Medical Center Inc. The hospital's assets are owned by Natrona County and managed by the Wyoming Medical Center through a lease.

Hospital attorney Dick Williams has not had an opportunity to review the petition, hospital spokesman Mike Phillips said.

The Rocky Mountain Oncology Center leases and operates the former Wyoming Cancer Center, according to a March 1, 2004, agreement. The Rocky Mountain Oncology Center also owns or leases equipment used for radiation therapy, and employs a support staff including dosimetrists, physicists, therapists and nurses, according to the petition.

Bonin came to work at this center in 2001 after Tobin recruited him to his Wyoming Oncology Professionals LLC from Indianapolis, according to the petition.

The deal included the opportunity for Bonin to gain a 50 percent partnership interest in Wyoming Oncology Professionals by Oct. 16, 2004; but Tobin extended that offer on Dec. 18, 2002, and Bonin accepted, according to the petition.

As of Oct. 16, Bonin was a 50 percent owner, but negotiations on the final details broke down by Oct. 30, according to the petition.

After that, Tobin prevented Bonin from using the Rocky Mountain Oncology Center until the two agreed to a cooling-off period on Dec. 6, according to the petition.

Bonin was able to treat patients after that until the center cut off his access again from Jan. 11 until now, which amounts to a breach of contract, according to the petition.

Three local physicians - Drs. Phil Krmpotich, Joseph Sramek and Mark McGinley - signed similar affidavits stating that Bonin's inability to use the oncology center's facilities harms him, disrupts their patients' medical care, and his doctor-patient relationships.

The medical community has continued to refer patients to Bonin, but those referrals are declining, according to the petition.

"Every time Plaintiff attempts to schedule a patient for radiation services Defendant RMOC has refused Plaintiff access to the equipment, and Defendant RMOC informed the patients that they will have to be seen by Defendant Tobin," the petition states.

The lockout constitutes a monopolistic business practice for Tobin, it's damaging the relationships Bonin has with his patients, it could result in inconsistent health care, and it could be interpreted by patients and referring physicians as incompetence on his part, according to the petition.

Tobin, on the other hand, still can't believe his former partner has sued.

"I'm just mystified what his goals are here," Tobin said.

Reporter Tom Morton can be reached at (307) 266-0592, or at Tom.Morton@casperstartribune.net.