Evening star., 1940-03-05
Organized Medicine
Maps New Fight on
tease Decision
Conference of Counsel
Expected Soon to
Plot Legal Course

Faced with an adverse decision in
the United States Court of Appeals,
organized medicine today planned
deliberate preparation Of its defense
In the antitrust medical case, prob
ably by appeal to the Supreme
Court Of the United States.
Defense counsel for the doctors
have three months in which to ask
the Supreme Court for writ of
certiorari, to review the decision
yesterday of the Court of Appeals.
The appellate tribunal reversed a
decision of the District Court, and
remanded the case back to District
Court.
District Court last July had rem
dered a decision upholding the
medical profession, sustaining the
physicians demurrer to an indict-
ment, and holding that the anti
trust law did not apply to the
medical profession as trade. The
appellate court, on the contrary,
held yesterday that the law did
apply to the medical profession and
it could not consider itself in
class exempt from its provisions.
Counsel to Decide Course.
What the defense will do, however,
as its next step, depends on con-
ference to be held soon between legal
counsel representing all defendants.
The belief now appears to favor an
appeal to the Supreme Court.
would be to 60 back to District
Court, and ask for bill Of particu-
lars, to prepare for trial.
The defendants include four or
ganizations of doctors, and 81 in
dividual defendants. The groups are
the American Medical Association,
the Medical Society of the District
of Columbia, the Washington Acad-
emy of Surgery, and the Harris
County (Texas) Medical Society, a
member of the A. M. A. The 81 in
dividual defendants are officers of
the A. M. A., and prominent physi-
clans of the District, who hold, or
formerly held posts of Importance
in the Medical Society here.
Charged Boycott.
The indictment against these
defendants, which had been returned
by a Federal grand jury in Decem-
ber, 1888, charged boycott and
restraint of trade against Group
Health Association, medical CO.
operative of Government workers
here, against Group Health physi-
clans, and against Washington hos
pitfalls. 1t charged that the restraint
had been used to deprive G. H. A.
patients of hospital facilities.
. Meantime Group Health Associa-
tion, itself, which has not appeared
as a party to the suit in any the
litigation, said yesterday, it is in
condition much improved over what
it was before the suit was instituted
Miss Edith lockwood, acting
president of G. H. A., declined to
comment on the decision of the
Court of Appeals. She said, how
ever, that "oarI, relationships with
medical groups have been steadily
improving"
Doctors Accepted.
During the early months of
operation of Group Health, Assoc1a-
tion most of the hospitals of the
District refused to admit Group
Health Association doctors, to
their visiting staffs," she said
within the last year the number
Of hospitals accepting our doctors
on their visiting staffs has been
steadily increasing, so that now we
have no difficulty in obtaining hos
pitalization for our members"
Every month G. H. A. is growing
stronger, but we are still in the
experimental stage, and our major
objective is to furnish medical serv-
Ice and disqualification of a high
quality to our members at reason
able COST"
, There are now seven hospitals
f, In the District admitting G. H. A.
! doctors to their visiting stats, it
was learned, and one in Alexandria.
4. "Our membership is growing
F.; steadily" said Miss lockwood, land
we have a smaller turnover, an
/ evidence that members like the pre-
d. payment plan of providing medical
} care"