Ruling favors radiologist

By Len Iwanski Associated Press Writer - 12/31/2008

HELENA — The Montana Supreme Court has affirmed the right of a Butte radiologist to continue practicing at St. James Healthcare in Butte.

The court in a ruling Tuesday upheld a June 2007 decision by Butte District Judge Brad Newman. He ruled the hospital's board of directors violated its bylaws by taking away Dr. Jesse Cole's active privileges with the hospital in December 2006.

Cole's hospital privileges were restored after the 2007 ruling, pending the hospital's appeal to the state Supreme Court.

St. James filed suit against Cole in November 2006, accusing him of inter-fering with its negotiations with other doctors. This was after Cole lost his exclusive contract with the hospital for radiation services, because of complaints about his billing practices.

The lawsuit also alleges Cole threatened Dr. Anna Chacko, who was in negotiations to work for the hospital, and sent harassing e-mails to Chacko's employers at Boston University.

Cole has denied all allegations. He filed a countersuit, alleging the St. James hospital board interfered with his business and damaged his reputation.

Both civil suits are still before the courts and are in preliminary stages, Cole's attorney, Rick Anderson of Butte, said Wednesday.

"We're extremely pleased" with the Supreme Court ruling, Anderson said. "Now the case can continue. We look forward to being able to tell the rest of the story in the courtroom." Great Falls attorney Robert F. James, representing the hospital, said: "Certainly St. James is going to comply with the court's ruling. We'll evaluate the decision and determine how to proceed." Linda McGillen, a spokeswoman for St. James HealthCare, declined to comment on the ruling.