Evening star., 1942-10-12

Grants Review
In medical Case
Will Pass on Three
Points Raised by
Medical Societies

The Supreme Court agreed to-
day to review a decision holding
the American Medical Associa-
ton guilty of violating the Sher-
man antitrust law by alleged
activities against Group Health
Association, Inc, here.
This was one of approximately 800
petitions acted on today at the first
business session of the tribunal fol-
lowing a four-month recess. The
large number of petitions accumu-
lated during the summer adjourn
ment.
Granting Of the Medical Associa-
tion's petition meant that the court
would hear oral arguments in the
case and then would deliver formal
opinion. Denial Of review leaves
in effect the decision of the lower
court.
Scope Of Review Limited.
The court limited the scope Of the
review, but agreed to pass on the
three principal points raised by the
defendants. These were:
That the practice of medicine is
profession and cannot be reached
under the Sherman Act.
Whether the statute applies to
anything but price, fixing and COM
petitive situations.
If doctors are in trade, whether
they do not have the same i'm
munity from antitrust prosecution
extended to labor unions by the
Norris-La Guardia Act.
The issues excluded from consid-
Grafton, it was said, dealt with the
trial of the case.
Local Society Fined $500.
The Medical Association, joined
by an affiliate, the Medical Society
of the District, sought review Of an
adverse decision by the United
States Court of Appeals for the Dis
trict. This decision upheld $4,000
fine against the national association
and a $500 fine against the local
society.
The medical organizations were
accused of conspiring against CHA.
The two medical societies which
were granted review were the last
of list of defendants which
originally included also score OF
the leading physicians of the coun-
try; the Washington Academy of
Surgery and the Harris County
(Tex) Medical Society. The two
latter organizations and two in
dividuals were cleared by directed
verdict. The other individuals we're
found innocent by the jury which
convicted the ANA and the District
society.
The case has been hanging fire
more than four years, and has twice
been to the Supreme Court. At the
outset, demurrer to the indict-
ment was sustained by Justice Proc
tor who held that the practice Of
medicine was not trade and that
the defendants could not be prose-
cuted under the Sherman Act.
The Government unsuccessfully
sought a Supreme Court ruling on
this point, and then went back to
the Court of Appeals and had the
case remanded to District Court for
trial. The defense then sought a
Supreme Court review, and when
this was denied, the case went to
trial.
Basis of Charges.
, Charges against the organized
medical groups were that CHA doc
tors had been refused hospital priv
ileges, and that their patients had
been denied treatment in the hos
pitals by CHA doctors.
The Court of Appeals unanimous
ly upheld the conviction.
In taking an appeal, the defend
ants said that the Sherman Act pro-
hibits restraint of trade and that
the practice of medicine is a pro-
fession and not trade and the
) case therefore was improperly
brought under the antitrust law.